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Canadian Maritime Law, Admiralty Law and Shipping Law

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Sea Waybill - Bill of Lading - s. 46 Marine Liability Act

Arc-En-Ciel Produce Inc. v. BF Leticia (Ship), 2022 FC 843

In Admiralty Practice, Carriage of Goods by Sea, Stays of Proceedings, Uncategorized on June 7, 2022

Précis: The Federal Court determined that s. 46 of the Marine Liability Act does not apply to waybills or other similar shipping documents.

Full Summary
Delay - Inexcusable - Inordinate - Prejudice

Fennelly v. Lloyd's Underwriters, 2021 NLSC 160

In Admiralty Jurisdiction, Other Practice Topics, Stays of Proceedings on December 1, 2021

Précis: The Supreme Court of Newfoundland and Labrador dismissed a claim against the defendant insurer for want of prosecution.

Full Summary
Admiralty Practice - Discovery - Procedural Reliability

Carnival Corporation v. Vancouver Fraser Port Authority, 2021 BCSC 643

In Admiralty Practice, Discovery on August 4, 2021

PrĂ©cis: The British Columbia Supreme Court permitted portions of a deceased master’s discovery evidence to be admitted at trial.

Full Summary
Arrest - Bail - Foreign Law - Mortgage - Sale

Davy Global Fund Management Limited v. Michele Bottiglieri Armatore S.p.A., 2021 FC 789

In Bail, In Rem Actions and Arrest, Stays of Proceedings on July 26, 2021

Précis: The Federal Court dismissed a motion for release of an arrested vessel without bail.

Full Summary
Bill of Lading - Cargo - Carriage of Goods by Water - Contract - Stay

Arc-En-Ciel Produce Inc. v. MSC Belle (Ship) 2020 FC 23, 2020 FC 23, 2021 FCA 70

In Other Practice Topics, Stays of Proceedings on May 14, 2021

PrĂ©cis: The Federal Court of Appeal found the Federal Court erred in applying the “strong cause” test to a claim under s. 46 of the Marine Liability Act.

Full Summary
Collision - Criminal Proceedings - Limitation Fund - Disclosure

O'Leary v. Ragone, 2021 FC 185

In Discovery, Offences in a Marine Context, Other Practice Topics, Uncategorized on February 1, 2021

Précis The Federal Court denied granting an order for production of provincial police and crown information relating to a high-profile vessel collision.

Full Summary
Definition of Navigable Water - Navigable waters - Part of an Aqueous Highway - Riparian

Blackwell v. Genier, 2020 ONSC 1170

In Docks Wharves and Marinas, Injunctions, Other Practice Topics on November 13, 2020

PrĂ©cis: The definition of “navigable water” in the Canadian Navigable Waters Act has replaced the common law test of navigability that the waterway must be part of an aqueous highway.

Full Summary
Cabotage - Coasting Trade - Judicial Review - Marine Activities of a Commercial Nature - Standby

Global Marine Systems Ltd. v. Canada (Transport), 2020 FC 414

In Judicial Review, Other Practice Topics on March 25, 2020

Précis: The Federal Court found that standby activities of a vessel in Canadian waters were marine activities of a commercial nature and a violation of Canadian cabotage laws.

Full Summary
Coverage - Insurance - Policy - Renewal - Waterborne

Midnight Marine Limited v. Aviva Insurance Company of Canada, 2019 NLSC 228

In Admiralty Practice, Marine Insurance on December 17, 2019

Précis: The Supreme Court of Newfoundland and Labrador held the defendant insurer did not have to cover a loss from an excluded risk that was incorporated by reference to the original insuring agreement.

Full Summary
Barges - Injunction - Nuisance - Trespass

Her Majesty the Queen v B & B Barges Ltd., 2019 BCSC 2160

In In Rem Actions and Arrest, Injunctions on December 13, 2019

Précis: The Supreme Court of British Columbia granted an interlocutory injunction against two barges located on Crown land.

Full Summary
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Recent Posts

  • Arctic Pearl Fishing Ltd. v Intact Insurance Company
  • Haida Tourism Limited Partnership (West Coast Resorts) v. Canada (Ship-Source Oil Pollution Fund)
  • Arc-En-Ciel Produce Inc. v. BF Leticia (Ship)
  • British Columbia Ferry and Marine Workers’ Union v. Canada (Transport)
  • Fennelly v. Lloyd’s Underwriters

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    Copyright © League & Williams.
    • Summaries By Topic
      • Admiralty Jurisdiction
      • Admiralty Practice
        • Appeals
        • Arbitration/Jurisdiction Clauses in Maritime Law
        • Costs and Security for Costs
        • Discovery
          • Delay and Time Extensions
        • Experts and Expert Evidence
        • In Rem Actions and Arrest
        • Injunctions
        • Parties
        • Pleadings
        • Service
        • Stays of Proceedings
        • Other Practice Topics
      • Carriage of Goods by Sea
      • Carriage of Goods by Road/Rail
      • Carriage of Goods by Air
      • Carriage of Passengers by Sea
      • Charters of Ships
      • Collisions and Ships
      • Constitutional Issues in Maritime Law
      • Docks Wharves and Marinas
      • Fisheries Law
      • Immigration and Shipping
      • Maritime Liens, Mortgages & Priorities
      • Limitation Periods in Maritime Law
      • Limitation of Liability in Maritime Law
      • Marine Insurance
      • Miscellaneous Maritime Law Topics
      • Offences in a Marine Context
      • Personal Injury and Maritime Law
      • Pollution (Ship Source)
      • Salvage and Wrecks
      • Ship Building and Repair
      • Judicial Sales
      • Ship Suppliers
      • Tug and Tow
    • Home / Recent Cases
    • Commentaries by Topic
    • Statutes and Regs
    • Select Papers
    • Search
    • Fisheries Law
      • Recent Fisheries Cases
      • Fisheries Papers & Articles
      • Fisheries Topics
        • Aboriginal Rights/Defences
        • Constitutional Cases
        • Contracts
        • Due Diligence
        • Employment Law
        • Fisheries Practice
        • Judicial Review/Crown Liability
        • Miscellaneous
        • Offences
          • By Licence Holders and Employers
          • Due Diligence
          • Fishing Prohibitions
          • Forfeiture
          • Miscellaneous
          • Officially Induced Error
          • Sanctions
          • Search and Seizure
          • Variation Orders
        • Riparian Rights
        • Taxation
        • Torts
    • Terms of Use
    • Links