Précis: The Federal Court refused a motion for judicial sale of an arrested vessel pendente lite where the sale would not abate the costs or liabilities of its arrest.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. M.V. Matterhorn Limited, 2019 FC 926
Précis: The Federal Court discontinued the plaintiff’s action on the ground that the parties reached settlement on confidential terms out of Court.
Full SummaryBritish Columbia v. The Administrator of the Ship-source Oil Pollution Fund, 2019 BCCA 232
Précis: The B.C. Court of Appeal affirmed the decision of the lower Court to restore a company without prejudice to rights acquired in the interval between dissolution and restoration.
Full SummaryR. v. M/V Marathassa, 2019 BCPC 13
Précis: The Provincial Court of British Columbia acquitted the defendant ship of all charges in relation to a discharge of oil from the ship in April 2015.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. Dodds, 2019 FC 146
Précis: The Federal Court granted summary judgment in favour of the plaintiff against the registered owner defendant, despite the vessel being under arrest at the time of sinking.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. Dodds, 2019 FC 144
Précis: The Federal Court granted summary judgment in favour of the plaintiff against the registered owner defendant.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. Dr. Jim Halvorson Medical Services Ltd., 2019 FC 35
Précis: The Federal Court held that the registered defendant owner was not liable for oil spill clean up costs as it was not the the legal owner of the vessel at the time of sinking.
Full SummaryBritish Columbia v. Administrator of the Ship-source Oil Pollution Fund, 2018 BCSC 793
Précis: The province was permitted to restore the corporate owner of a derelict vessel but the restoration was without prejudice to the subrogated rights the SSOPF had acquired against the Province while the corporate owner was dissolved.
Full SummaryAdministrator of the Ship-Source Oil Pollution Fund v. Beasse, 2018 FC 39
Précis: The court held the defendant owner liable for pollution clean up costs following the sinking of a tug, rejecting the owner’s allegation the sinking was due to the deliberate act of a third party.
Full SummaryAdministrator of the Ship-Source Oil Pollution Fund v. Wilson, 2017 FC 796
Précis: The Federal Court granted default judgement to the Ship-Source Oil Pollution Fund against the owner of a barge for expenses incurred to clean up and mitigate pollution.
Full Summary