Précis: The British Columbia Supreme Court refused to strike a jury notice in a case involving a failed engine in the Plaintiff’s fishing vessel.
Full SummaryKreig v. Shallon Marine Service, 2021 BCSC 670
Précis: The Supreme Court of British Columbia held that a portion of a marine survey report on engine failure analysis was covered by litigation privilege.
Full SummaryBBC Chartering Carriers GMBH & CO. KG v. Openhydro Technology Canada Limited, 2018 FC 1098
Précis: The Federal Court granted default judgment in favour of the plaintiff and ordered the sale of the in rem defendant cargo, a Turbine Control Centre.
Full SummaryCanpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2015 FC 1108, 2017 FCA 47
Précis: The Federal Court of Appeal held that the trial Judge erred in relying upon parole evidence when interpreting bunker supply contracts and further held that the error was sufficiently serious so as to constitute an error in principle justifying review to the standard of correctness.
Full SummaryRe: Northern Transportation Company v., 2016 ABQB 522
Précis: Failure to make charter payments was an event of default for which, in the circumstances, there was no right to reinstatement or relief from forfeiture.
Full SummaryByatt International S.A. v. Canworld Shipping Company Limited,, 2013 BCCA 427
Précis: The British Columbia Court of Appeal confirmed the ship owner’s right to direct the payment of sub-freights to itself.
Full SummaryLafarge Canada Inc. v. JJM Construction Ltd., 2011 BCCA 453
The parties entered into four identical charter parties pursuant to which the charterer was to be liable for damage to the barges except for normal wear and tear. The charterer was also responsible for obtaining hull and machinery insurance naming the owner as an additional insured. The barges were returned with damage but not all of the damage was covered …
Full SummaryM/S Apollo Tiger Shipping GmbH & Co. KG v. R, 2005 NBPC 16
The registered owner of the subject vessel was charged with an offence under the Safe Working Practices Regulations passed pursuant to the Canada Shipping Act following an accident involving a crane on the vessel in which two stevedores were injured. The owner brought a non-suit motion following the conclusion of the Crown’s case arguing that the vessel was under a …
Full SummaryChampion International v. The "Sabina", 2002 FCT 1122
Again the issue in this case was whether there was a concluded agreement between the parties. The Plaintiff and Defendant, through their respective agents, had entered into negotiations for the carriage of the Plaintiff’s cargo. All substantial matters had been agreed with the exception of lay days and quantity of cargo which were characterized as “loose ends” by the Defendant. …
Full SummaryArmonikos Corp. v. Saskatchewan Wheat Pool, 2002 FCT 799
The issue in this case was whether a charter party had been concluded between the brokers acting for the parties. The Defendant argued that no charter party had been agreed because there had not been a meeting of the minds regarding a significant term, notably, whether the vessel to be chartered was certified by the International Transport Workers Federation. The …
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