West Kelowna (District) v. Newcombe, 2013 BCSC 2299, 2015 BCCA 5

In Constitutional Issues in Maritime Law on (Updated )

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.

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Marine Services International Ltd. v. Ryan Estate, 2011 NLCA 42, 2013 SCC 44

In Constitutional Issues in Maritime Law on (Updated )

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.

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