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 SummaryR. v. Kirby Offshore Marine Operating LLC, 2019 BCPC 185
Précis: A tug owner pled guilty to three offences and was fined over $2.9 million in relation to the discharge of fuel and lubes from a sunken tug.
Full SummaryR v. Sillars, 2018 ONCJ 816
Précis: The Ontario Court of Justice held that the definition of "vessel" when used in ss. 253(1)(a), 253(1)(b) and 249(1)(b) of the Criminal Code is inclusive of a canoe.
Full SummaryR v. Reddick, 2018 CanLII 111732
Précis: The Provincial Court of Newfoundland and Labrador acquitted the accused when the Crown failed to prove beyond a reasonable doubt the alleged offence under the Marine Mammal Regulations.
Full SummaryR v. MV Marathassa, 2018 BCPC 125
Précis: The court held that the Charter rights of the accused were infringed when Transport Canada inspectors seized evidence without a warrant.
Full SummaryR v. Alassia New Ships Management Inc., 2018 BCPC 5
Précis: The court declared that service of a summons on the ship’s Master was valid service on the accused operator of the ship.
Full SummaryAlassia Newships Management Inc. v. British Columbia, 2017 BCSC 2181, 2018 BCCA 92
Précis: The British Columbia Supreme Court dismissed an application for certiorari and prohibition relating to an order of a Justice of the Peace validating service of a summons against a ship manager by serving a Master of a managed ship. On appeal, the Court of Appeal held the ship manager had not been properly served and the Provincial Court was without jurisdiction.
Full SummaryR v. Reinbrecht, 2015 BCSC 1960
Précis: The accused was found guilty of criminal negligence
Full SummaryR v. Lilgert, 2014 BCCA 493
Précis: The British Columbia Court of Appeal upheld the conviction of the Fourth Officer of the “Queen of the North” on two counts of criminal negligence causing death and leave to appeal to the Supreme Court of Canada was denied.
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