Précis: The definition of “navigable water” in the Canadian Navigable Waters Act has replaced the common law test of navigability that the waterway must be part of an aqueous highway.
Full SummaryBrun v. Deep Cove Yacht & Sport Club, 2019 BCSC 1409
Précis: The plaintiff’s membership at the defendant yacht club was reinstated despite being in arrears on moorage payment.
Full SummaryFulford v. Harbour Authority of Placentia Area (Placentia Area Harbour Authority), 2019 NLSC 99
Précis: The Supreme Court of Newfoundland and Labrador dismissed an application for moorage and access to the defendant wharf.
Full SummaryTrainor-Degirolamo v. British Columbia, 2019 BCSC 430
Précis: The British Columbia Supreme Court dismissed a challenge of the approval of a licence of occupation for a private marina.
Full SummarySteveston Harbour Authority v. Medanic Fisheries Ltd., 2019 BCSC 304
Précis: The B.C. Supreme Court found the defendant ships were trespassing and causing a nuisance and ordered for their removal from the plaintiff’s property.
Full SummaryDauphinee v. White Rock Harbour Board, 2018 BCSC 1286
Précis: The BC Supreme Court upheld a bylaw of the harbour board and ordered an assignment of a powerboat slip to the plaintiff.
Full SummaryShelburne (Town) v. The Farley Mowatt, 2017 FC 1184
Précis: The plaintiff was awarded berthage costs and the costs of cleanup, security and maintenance of the defendant ship.
Full SummaryMoray Channel Enterprises Ltd. v. Gordon, 2017 FC 250
Précis: The plaintiff marina was given judgement for mooring charges owed despite some irregularities in its accounting.
Full SummaryGoodrich Transport Ltd. v. Vancouver Fraser Port Authority, 2015 FC 520
Précis: The court set aside the decisions of the Port Authority denying licences to the applicants and ordered that their applications be reconsidered.
Full SummaryCapitaines Propriétaires de la Gaspésie (A.C.P.G.) Inc. v. Pêcheries Guy Laflamme Inc., 2014 FC 456, 2015 CAF 78
Précis: The Federal Court and Federal Court of Appeal gave effect to an exclusion clause in a ship lifting contract notwithstanding that the clause did not specifically refer to negligence.
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