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 SummaryKirby Offshore Marine Pacific LLC v. Heiltsuk, 2019 FC 1009
Précis: Claims to Indigenous title will not stay a shipowner’s limitation proceeding from continuing.
Full SummaryByatt International SA v. Canworld Shipping Company Limited, 2013 BCCA 558
This was an application to stay the order of the British Columbia Court of Appeal rendered in Byatt International S.A. v Canworld Shipping Company Limited, 2013 BCCA 427, wherein the court ordered that the ship owner was entitled to sub-freight paid into court. The grounds for the application were that an application for leave to appeal the decision had been …
Full SummaryQuin-Sea Fisheries Limited v. The Broadbill I, 2013 FC 575
The plaintiff and defendants entered into an agreement whereby, in consideration of a loan by the plaintiff, the defendants granted a mortgage over the defendant vessel and agreed to make its catch available to the plaintiff for one year following the year the loan was repaid. The loan was repaid but the defendants failed to sell their catch to the …
Full SummaryT. Co. Metals LLC v. The Federal Ems, 2011 FC 291, 2012 FCA 284
A cargo of cold-rolled steel coils was carried from Brazil to Toronto pursuant to bills of lading that incorporated the terms and conditions of a voyage charterparty between the exporter and the time charterer of the vessel. Pursuant to the terms of the voyage charterparty, the exporter was to be responsible for the loading, stowing and discharging of the cargo. …
Full SummaryNew World Expedition Yachts LLC v. P.R. Yacht Builders, 2011 BCSC 78
In this action the plaintiff alleged that the defendant shipbuilders had engaged in a fraudulent scheme in relation to a ship building contract. The vessel was being built under a contract between the plaintiff/purchaser, NWEY, and the defendant/builder, PRYB. PRYB sub-contracted the labour part of the build to a related company, FCY, also a defendant. Disputes arose during the course …
Full SummaryLabki Finance Inc. v. Glovertown Shipyards Limited, 2010 NLTD 71
The underlying proceedings in this matter were commenced in the Supreme Court of Newfoundland by the defendant shipbuilder for an order requiring the owner of the vessel to remove the vessel from its shipyard and for storage fees of $1,000 per day. A second proceeding had also been commenced by the mortgagee of the vessel in Federal Court in which …
Full SummaryMcDermott Gulf Operating Company v. Oceanographia Sociedad Anonima de Capital Variable, 2010 NSSC 118
This was an application to stay proceedings commenced in the Nova Scotia Supreme Court on the basis that the court lacked jurisdiction simpliciter or was otherwise not the appropriate forum. The underlying claim by the plaintiff was for charter hire and other charges allegedly owed by the defendants. The first plaintiff was a Panamanian company and was the owner of …
Full SummaryMitsui O.S.K. Lines Ltd. v. Mazda Canada Inc., 2008 FCA 219, 2008 CanLII 63491
The Cougar Ace took on a list of 60 degrees while en route to Canada and the U.S.A. from Japan. As a consequence, a large number of automobiles destined for Canada and U.S.A. were damaged. All of the automobiles were subject to a contract of carriage that contained a jurisdiction clause in favour of Japan and a choice of law …
Full SummaryFord Aquitaine Industries SAS et al. v. The "Canmar Pride" et al., 2005 FC 431
This action concerned the loss of or damage to several containers carried from LeHavre to Montreal. The damages were estimated at $6 million. The carriage was pursuant to a transportation services agreement which provided for American law and jurisdiction. The carrier under the transportation services agreement was OOCL but OOCL was expressly permitted to subcontract the carriage, which it did, …
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