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 SummaryCanada (Ship-Source Oil Pollution Fund) v. Canada, 2017 FC 530
Précis: The court held that the Administrator of the Ship-source Oil Pollution Fund does not have the right to require a claimant to execute a Release and Subrogation Agreement as a condition precedent to payment of their claim.
Full SummaryR. v. Bolt, 2011 NLTD 20
In this matter the defendant pled guilty to two charges of depositing a deleterious substance into waters frequented by fish and failing to report a spill contrary to the Fisheries Act. The facts were that a quantity of diesel fuel was spilled into the harbour while the defendant was refuelling his vessel. He was fined $10,000 for the depositing charge …
Full SummaryFFS HK Ltd. v. P.T. 25 (Ship), 2010 BCSC 1675
The issue in this case was the apportionment of fault for a spill that occurred in Vancouver Harbour during a bunkering operation which cost the vessel owner approximately $1 million. The owner/plaintiff accepted it was partially at fault in that one of the crew left open the valves to one of the ship’s tanks and the crew failed to monitor …
Full SummaryR. v. M/V "Kathy L" et al., 2010 BCPC 30
This case concerned the sinking of a barge while it was being towed which resulted in escape of pollutants. Charges were laid against the owner of the barge as well as the towing company and the captain of the tug. The Court dismissed the charges against all defendants except for the owner of the barge. The Court found that the …
Full SummaryCanada v. Ship Source Oil Pollution Fund, 2008 FC 1094
This was an action by the Crown challenging the adequacy of an offer of compensation made by the Administrator of the Ship Source Oil Pollution Fund pursuant to the provisions of the Marine Liability Act. The Crown incurred costs in excess of $220,000 to clean and destroy an abandoned tugboat and applied to the Administrator of the Ship Source Oil …
Full SummaryNewfoundland Recycling v. Her Majesty the Queen (Attorney General for Canada), 2008 NLTD 38
This was an appeal from a judgment finding the Appellant guilty of depositing a deleterious substance (oil) in water frequented by fish contrary to the Fisheries Act. The offence occurred when a vessel that the Appellant had been dismantling for salvage sank at the wharf. The Appellant argued, inter alia, that it was not the owner of the vessel. The …
Full SummaryCanada v. Administrator of the Ship Source Oil Pollution Fund, 2007 FC 548
This was an action by the Crown challenging the adequacy of an offer of compensation made by the Administrator of the Ship Source Oil Pollution Fund pursuant to the provisions of the Marine Liability Act. The issue in this application was whether the named Respondent should be the Administrator or the Attorney General of Canada. The Court held that the …
Full SummaryR v. The "Tahkuna", 2002 CanLII 54007
This was an appeal of sentence imposed by a Provincial Court Judge. The Defendant ship was charged under the Oil Pollution Prevention Regulations of the Canada Shipping Act. The charges stemmed from a spill of approximately 1,000 litres of fuel during refuelling operations. The cause of the spill was that a valve in the overflow line had been inadvertently left …
Full SummaryR v. Glenshiel Towing Co. Ltd., 2001 BCCA 417
On December 16, 1997, the tug “Glenshiel” was found heeled over and submerged at her mooring in False Creek, Vancouver. As a result of the sinking a considerable amount of diesel fuel escaped from the vessel into the water and the owner was charged pursuant to s. 668 of the Canada Shipping Act with discharging a pollutant. At trial, the …
Full Summary