Précis: The Ontario Court of Justice held that valid provincial law applied to unloading activities of a stevedoring company operating on federal property.
Full SummaryR. v. Vansickle, 2019 ONCJ 777
Précis: The Ontario Court of Justice held that evidence gathered from the operator of a pleasure craft was inadmissible and a breach of the operator’s Charter rights.
Full SummaryVictoria (City) v. Zimmerman, 2018 BCSC 321
Précis: The British Columbia Supreme Court upheld a local bylaw that prohibited long term moorage but allowed temporary moorage.
Full SummaryTransport Desgagnes Inc. v. Wartsila Canada Inc., 2015 QCCS 5514, 2017 QCCA 1471
Précis: The Quebec Court of Appeal held that the sale of a marine engine was governed by Canadian maritime law and the vendor was entitled to rely upon the limitation clause in its contract.
Full SummaryQuebec v. IMTT-Quebec Inc., 2016 QCCS 4337
Précis: The Quebec Superior Court held that Quebec’s Environment Quality Act did not apply to a construction project on port lands regultaed by the Federal Government.
Full SummaryMarcoux v. St-Charles-de-Bellechasse (Municipalité de), 2015 CanLII 59742
Précis: A municipal bylaw restricting the types of vessels that could be operated on a lake was held to be invalid.
Full SummaryWest Kelowna (District) v. Newcombe, 2013 BCSC 2299, 2015 BCCA 5
Précis: The British Columbia Court of Appeal affirmed the decision of the Trial Judge (2013 BCSC 1411) that anchoring/mooring was a core element of Federal jurisdiction over navigation and shipping and a municipal by-law prohibiting mooring was constitutionally inapplicable pursuant to the doctrine of interjurisdictional immunity to the extent it prohibited temporary moorage.
Full SummaryMarine Services International Ltd. v. Ryan Estate, 2011 NLCA 42, 2013 SCC 44
Précis: The Supreme Court of Canada held that the bar to litigation in a workers compensation statute was constitutionally valid and applicable to fatal injuries involving crew of a vessel. In so doing the Supreme Court has clarified the constitutional analysis required when dealing with Canadian maritime law and expanded the opportunities for provincial statutes to apply to maritime law matters.
Full SummaryTessier Ltee. v. Quebec, 2012 SCC 23
Précis: The Supreme Court of Canada addressed whether and when stevedoring activities are governed by provincial occupational health and safety legislation. Notably, the court said that shipping activities undertaken solely within a province are subject to provincial law.
Full SummaryCroisières Charlevoix Inc. v. Quebec, 2012 QCCS 1646
Précis: The court held that intra-provincial carriage of passengers was subject to provincial law.
Full Summary