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Dreifelds v. Burton, 1998 CanLII 5013

In Constitutional Issues in Maritime Law on (Updated )

This was an appeal from a decision of the Ontario Court General Division. The case concerned a fatal scuba diving accident in Lake Ontario. A chartered vessel was used to take the divers to the dive site but the vessel was otherwise not involved in the accident. The deceased died from a gas embolism. The issue in the case was …

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Bow Valley Husky Ltd. v. St. John Shipbuilding Ltd., 1997 CanLII 307

In Constitutional Issues in Maritime Law on (Updated )

This is an extremely important case that all maritime law practitioners should read carefully. The case involved a breach of contract and negligence claim relating to the building of an off shore oil platform owned by the Plaintiff. The significant maritime law issue was whether the Plaintiff’s claim was barred by reason of contributory negligence. The Defendant argued that because …

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Ferguson v. Arctic Transportation Ltd. et.al., No. T-1941-93 (F.C.T.D.)

In Constitutional Issues in Maritime Law on (Updated )

The issue in this matter was whether the Federal Court had jurisdiction to determine issues of contribution and indemnity raised in a Third Party action. The facts were that the Plaintiff, a pilot with the Panama Canal Commission, was injured on board a ship owned and operated by the Defendants while it was transiting the Panama Canal. The Defendant commenced …

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Canada v. Mallett and Associates Engineering Ltd., 1997 CanLII 9838

In Constitutional Issues in Maritime Law on (Updated )

This was an action against the Defendant for breach of contract and negligence in relation to dredging of the Liverpool Harbour and construction of a containment facility. The Defendant in turn brought Third Party proceedings against subcontractors. The Third Parties brought this application to strike out the Third Party proceedings on the grounds that they were governed by Canadian Maritime …

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Vogel v. Sawbridge et.al., No. 24638 No. 24639 Kelowna Registry (B.C.S.C.)

In Constitutional Issues in Maritime Law on (Updated )

This was a summary trial to dismiss two actions as time barred. The actions arose out of the deaths of two persons aboard the yacht "Kingfisher" while it was moored at Nanaimo Harbour, British Columbia. It was alleged in the Statement of Claim that the deaths were caused by the faulty operation of a heater in the yacht which emitted …

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