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Canadian Maritime Law, Admiralty Law and Shipping Law

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Oil Pollution Damage - Recovery of Expenses - Shipowner - SSOPF

Haida Tourism Limited Partnership (West Coast Resorts) v. Canada (Ship-Source Oil Pollution Fund), 2022 FC 1249

In Pollution (Ship Source) on August 31, 2022

Précis: A shipowner cannot recover costs and expenses from the Administrator of the Ship Source Oil Pollution Fund as a result of oil pollution damage caused solely by its own ship.

Full Summary
Appraisal - Buyer - Creditors - Pendente Lite - Value of the Vessel

Canada (Ship-Source Oil Pollution Fund) v. Cormorant (Ship), 2019 FC 977

In Judicial Sales, Pollution (Ship Source) on July 23, 2019 (Updated September 15, 2019)

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.

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Boom - Oil Pollution - Sank at Moorings - SSOPF

Canada (Ship-Source Oil Pollution Fund) v. M.V. Matterhorn Limited, 2019 FC 926

In Pollution (Ship Source) on July 12, 2019 (Updated August 08, 2019)

PrĂ©cis: The Federal Court discontinued the plaintiff’s action on the ground that the parties reached settlement on confidential terms out of Court.

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Company - Dissolution - Restoration - Wharf - Without Prejudice

British Columbia v. The Administrator of the Ship-source Oil Pollution Fund, 2019 BCCA 232

In Appeals, Pollution (Ship Source) on June 26, 2019 (Updated July 01, 2019)

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.

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Discharge of Fuel Oil - Due Diligence Defence - Shipbuilder Defects

R. v. M/V Marathassa, 2019 BCPC 13

In Other Practice Topics, Pollution (Ship Source) on February 7, 2019 (Updated February 08, 2019)

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 Summary
Reasonable Costs - Registered Owner - Summary Judgment

Canada (Ship-Source Oil Pollution Fund) v. Dodds, 2019 FC 144

In Pollution (Ship Source) on February 4, 2019 (Updated February 08, 2019)

Précis: The Federal Court granted summary judgment in favour of the plaintiff against the registered owner defendant.

Full Summary
Reasonable Costs - Sinking and Discharge of Oil - Summary Judgment

Canada (Ship-Source Oil Pollution Fund) v. Dodds, 2019 FC 146

In In Rem Actions and Arrest, Pollution (Ship Source) on February 4, 2019 (Updated February 08, 2019)

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 Summary
Ownership - Sale and Transfer of Ownership - SSOPF - Third Party Legal Owner - Vessel Registry

Canada (Ship-Source Oil Pollution Fund) v. Dr. Jim Halvorson Medical Services Ltd., 2019 FC 35

In Other Practice Topics, Pollution (Ship Source) on January 11, 2019 (Updated January 25, 2019)

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 Summary
Dissolved Corporate Owner - Liability of Province - Pollution

British Columbia v. Administrator of the Ship-source Oil Pollution Fund, 2018 BCSC 793

In Pollution (Ship Source) on May 14, 2018 (Updated June 18, 2018)

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 Summary
Clean up Costs - Defence of Deliberate Action by Third Party - Pollution - Summary Judgment

Administrator of the Ship-Source Oil Pollution Fund v. Beasse, 2018 FC 39

In Judgments and Enforcement of Judgments, Pollution (Ship Source) on January 16, 2018 (Updated June 07, 2018)

PrĂ©cis: 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 Summary
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Recent Posts

  • Arctic Pearl Fishing Ltd. v Intact Insurance Company
  • Haida Tourism Limited Partnership (West Coast Resorts) v. Canada (Ship-Source Oil Pollution Fund)
  • Arc-En-Ciel Produce Inc. v. BF Leticia (Ship)
  • British Columbia Ferry and Marine Workers’ Union v. Canada (Transport)
  • Fennelly v. Lloyd’s Underwriters

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    Copyright © League & Williams.
    • Summaries By Topic
      • Admiralty Jurisdiction
      • Admiralty Practice
        • Appeals
        • Arbitration/Jurisdiction Clauses in Maritime Law
        • Costs and Security for Costs
        • Discovery
          • Delay and Time Extensions
        • Experts and Expert Evidence
        • In Rem Actions and Arrest
        • Injunctions
        • Parties
        • Pleadings
        • Service
        • Stays of Proceedings
        • Other Practice Topics
      • Carriage of Goods by Sea
      • Carriage of Goods by Road/Rail
      • Carriage of Goods by Air
      • Carriage of Passengers by Sea
      • Charters of Ships
      • Collisions and Ships
      • Constitutional Issues in Maritime Law
      • Docks Wharves and Marinas
      • Fisheries Law
      • Immigration and Shipping
      • Maritime Liens, Mortgages & Priorities
      • Limitation Periods in Maritime Law
      • Limitation of Liability in Maritime Law
      • Marine Insurance
      • Miscellaneous Maritime Law Topics
      • Offences in a Marine Context
      • Personal Injury and Maritime Law
      • Pollution (Ship Source)
      • Salvage and Wrecks
      • Ship Building and Repair
      • Judicial Sales
      • Ship Suppliers
      • Tug and Tow
    • Home / Recent Cases
    • Commentaries by Topic
    • Statutes and Regs
    • Select Papers
    • Search
    • Fisheries Law
      • Recent Fisheries Cases
      • Fisheries Papers & Articles
      • Fisheries Topics
        • Aboriginal Rights/Defences
        • Constitutional Cases
        • Contracts
        • Due Diligence
        • Employment Law
        • Fisheries Practice
        • Judicial Review/Crown Liability
        • Miscellaneous
        • Offences
          • By Licence Holders and Employers
          • Due Diligence
          • Fishing Prohibitions
          • Forfeiture
          • Miscellaneous
          • Officially Induced Error
          • Sanctions
          • Search and Seizure
          • Variation Orders
        • Riparian Rights
        • Taxation
        • Torts
    • Terms of Use
    • Links