This case concerned the constitutional applicability of the Occupiers Liability Act of British Columbia to a slip and fall that occurred while the Plaintiff was walking down a ramp from the shore to a wharf administered by Fisheries and Oceans Canada. The Defendants argued that the Occupiers Liability Act had no application as the matter was to be governed by …
Full SummaryEarly Recovered Resources Inc. v. British Columbia, 2005 FC 995
The issue in this case was the constitutional validity or applicability of: first, Part 9 of the Forest Act of British Columbia and the associated Log Salvage Regulation passed pursuant thereto; and second, the Canada Shipping Act and the International Convention on Salvage (the “Salvage Convention”). Part 9 of the Forest Act and the Log Salvage Regulation regulate, inter alia, …
Full SummaryLaboucane v. Brooks et al., 2003 BCSC 1247
The issue in this important summary trial application was whether section 10(1) of the Workers Compensation Act of British Columbia was valid provincial law or whether it was ultra vires the province as infringing upon Federal jurisdiction over navigation and shipping. The underlying facts were that the Plaintiff was injured while performing a welding job on the Defendant’s fishing vessel. …
Full SummaryIsland Tug & Barge Ltd. v. Communication, Energy and Paperworkers Union, 2003 BCCA 247
The Respondent union had set up a “water” picket attempting to prevent vessels from berthing at the Petro-Canada terminal in Vancouver where the union was on strike. The Appellant tug and barge operators sought an injunction from the BC Supreme Court to restrict or limit the picketing. The BC Supreme Court held that it did not have jurisdiction as the …
Full SummaryGulf Log Salvage Co-Operative Assoc. v. Early Recovered Resources, 2003 FCA 35
This case concerned the constitutional validity of the Log Salvage Regulations of British Columbia. An application for summary judgment was brought by the Province of British Columbia for a declaration that the Regulations were valid. The motions Judge dismissed that application leaving no doubt that he considered the Regulations ultra vires (2002 FCT 184). The Province of British Columbia appealed …
Full SummaryR v. Kupchanko, 2002 BCCA 63
This case raised the issue of the constitutional validity of an Order made pursuant to section 7(4) of the Wildlife Act of British Columbia prohibiting motorized vessels in excess of 10 horsepower from navigating part of the Columbia River. The accused argued that the Order was an invalid infringement on Federal Government jurisdiction over navigation and shipping. At first instance, …
Full SummaryR v. Jail Island Aquaculture Ltd., [2000] N.B.J. No. 338
In this matter the accused had been charged with various offences under the Occupational Health and Safety Act of New Brunswick. The charges arose out of a fatal accident that occurred on board the accused’s barge while smolt salmon were being unloaded into a salmon cage. The accused argued that as the accident occurred on a ship it fell within …
Full SummaryR v. Williams, 2000 BCSC 449
In this matter the accused was charged with selling liquor on board his vessel without a liquor licence in contravention of the Liquor Control and Licencing Act of British Columbia. The defences argued were that the Liquor Control and Licencing Act was ultra vires the province insofar as it attempted to regulate vessels, a matter coming under Federal maritime law, …
Full SummaryThe Queen v. Will, 1999 CanLII 19915
At issue in this case was the constitutional validity of a regulation passed pursuant the Provincial Parks Act of Ontario requiring visitors to provincial parks to purchase a $10 permit to stay in the park overnight. The accused anchored his boat in Echo Bay on the eastern shore of Georgian Bay in Lake Huron. Echo Bay was within the boundaries …
Full SummaryOrdon Estate v. Grail, [1998] 3 SCR 437
This case is essential reading for all Canadian maritime law practitioners. It concerns four separate actions commenced in the Ontario Court General Division. The actions involved two boating accidents which resulted in fatalities and in serious personal injury. The actions gave rise to similar legal issues. The issues were: Do the superior courts of the provinces have jurisdiction over maritime …
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