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 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 Summary2955-9820 Québec Inc. v. Construction Navale Atlantique Inc., 2018 FC 1079
Précis: The Federal Court awarded default judgment for damages caused by a negligently designed and constructed marine engine when the defendant did not file and serve a statement of defence.
Full SummaryGoodman Yachts LLC v. The "Gertrude Oldendorff" et al., 2003 FCT 752
This was an application for a first stage contempt order, pursuant to Rule 467, brought against two Defendants by the Applicant, also a Defendant in the action. The underlying action involved the loss of a yacht being carried on the deck of the Defendant vessel from Singapore for delivery at Vancouver. The alleged contempt arose out of a loss of …
Full SummaryMil Davie Inc. v. Hibernia Management and Development Co. Ltd., 2003 FCT 297
This was an application by the Defendant for summary judgment dismissing the Plaintiff’s action. In the underlying action the Plaintiff, a ship repair yard, alleged that the Defendant awarded contracts to a competitor without seeking tenders and in violation of the Competition Act and the Offshore Accord Acts. The motions Judge reviewed the jurisprudence on summary judgments and noted in …
Full SummaryGearbulk Pool Ltd. v. Scac Transport Canada Ltd., 2002 FCT 353
This was an appeal from a determination of a point of law under Rule 220 of the Federal Court Rules, 1998 which proceeded under an Agreed Statement of Facts. The issue was whether a mutual release in a cargo action was a bar to the claim by Gearbulk, the Plaintiff in the present action, for damages for loss of freight …
Full SummaryShipdock Amsterdam B.V. v. Cast Group Inc., 2000 CanLII 15071
This case is of importance in that it reiterates that a solicitor should not file his or her own affidavit on a motion when the solicitor or a member of his or her firm argues the motion. The Court noted that there are exceptions to this rule such as where the solicitor is the only person who can depose to …
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