Précis: The Federal Court determined that s. 46 of the Marine Liability Act does not apply to waybills or other similar shipping documents.
Full SummaryBritish Columbia Ferry and Marine Workers’ Union v. Canada (Transport), 2022 FC 209
PrĂ©cis: The Federal Court confirmed Transport Canada’s decision to issue a safe manning document specifying the minimum crew compliment for two ferries was reasonable.
Full SummaryO'Leary v. Ragone, 2021 FC 185
Précis The Federal Court denied granting an order for production of provincial police and crown information relating to a high-profile vessel collision.
Full SummarySperling v. Queen of Nanaimo, 2020 BCSC 1852
PrĂ©cis: The BC Supreme Court could not determine in a summary trial if suppliers of a ferry propulsion system were “agents or servants” of a carrier for the purposes of the Athens Convention, holding it required a full trial to do so.
Full SummaryUnited Yacht Transport LLC v. Blue Horizon Corporation, 2020 FC 1067
Précis The Federal Court found the defendants liable for unpaid fees owing to the plaintiff yacht transporter.
Full SummaryTug and Tow
Tug and Tow Towage vs Carriage It is always important to distinguish a contract of towage from one of carriage as different legal regimes apply. A contract of towage is one where the tug owner supplies a tug to tow (or push or assist) a ship, barge or other object belonging to someone else. Examples of towage are where a …
Admiralty Practice & Procedure
Admiralty Practice & Procedure For an overview of the law of Admiralty practice and procedure review the paper entitled  Admiralty Practice and Procedure: An Overview – 2005. For sister ship arrest, see the paper Sister Ship Arrest in the Federal Court of Canada: A Wreck in Need of Salvage, which considers the cases involving sister ship arrest and exposes a …
Carriage by Air
Carriage by Air Domestic Air Carriage The domestic carriage of goods by air is not extensively governed by legislation. The Carriage by Air Act does not apply to domestic carriage. The only legislation governing the form and content of domestic air carriage contracts is the Air Transportation Regulations passed pursuant to the provisions of the Canada Transportation Act. These regulations …
Admiralty Jurisdiction
Admiralty Jurisdiction The cases under this title consider the Admiralty jurisdiction of the courts and which court has jurisdiction to hear a particular matter. More specifically, because the provincial superior courts have inherent jurisdiction, the cases usually concern the whether the Federal Court’s admiralty jurisdiction is invoked. It is important to note that the Admiralty jurisdiction of the Federal Court …
Limitation Periods
Limitation Periods The limitation periods that apply to claims governed by maritime law are not always easy to identify or locate. The federally prescribed limitation periods for many of the more common claims subject to maritime law are addressed below. For those claims for which there is not a specific limitation period, s. 140 of the Marine Liability Act now …