Précis: 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 SummaryBlackwell v. Genier, 2020 ONSC 1170
Précis: 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 SummaryGlobal Marine Systems Ltd. v. Canada (Transport), 2020 FC 414
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 SummaryMidnight Marine Limited v. Aviva Insurance Company of Canada, 2019 NLSC 228
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 SummaryHer Majesty the Queen v B & B Barges Ltd., 2019 BCSC 2160
Précis: The Supreme Court of British Columbia granted an interlocutory injunction against two barges located on Crown land.
Full SummaryNorstar Shipping and Trading Ltd. v. The Rosy (Ship), 2019 FC 1572
Prećis: The Federal Court set bail for release of a ship and ordered security for costs relating to a charter dispute that was subject to London Arbitration.
Full SummaryProvincial Holdings Limited / Gestion Provincial Limitée v. Océan Nouveau-brunswick Inc., 2019 FC 1567
Précis: A claim for breach of a personal obligation can be advanced in rem provided the Court has jurisdiction.
Full SummaryDesgagnés Transport Inc. v. Wärtsilä Canada Inc., 2019 SCC 58
Précis: The Supreme Court of Canada held that provincial law, and not Canadian maritime law, governed the sale of a marine engine crankshaft.
Full SummaryRoyal Bank of Canada v. Seamount Marine Ltd., 2019 FC 1043
Précis: The Federal Court stayed proceedings after an equitable mortgagee failed to appeal its unsecured status by a the trustee in bankruptcy.
Full SummaryNirint Inc. (Nirint Canada) v. Mega Throphy Ltd, 2019 FC 1015
Précis: The Federal Court held a ship’s agent was to be reimbursed for expenses personally paid to correct deficiencies in the ship.
Full Summary