Précis: The Supreme Court of British Columbia held that a portion of a marine survey report on engine failure analysis was covered by litigation privilege.
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 SummaryKnight v. Black, 2021 BCSC 19
PrĂ©cis: The BC Supreme Court held that the defendant was entitled to limit its liability under the Athens Convention as the injured plaintiff was a “passenger”.
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 SummaryBlackwell v. Genier, 2020 ONSC 1170
PrĂ©cis: The definition of “navigable water” in the Canadian Navigable Waters Act has replaced the common law test of navigability that the waterway must be part of an aqueous highway.
Full SummaryCanadian Maritime Workers Council v. Canada (Attorney General), 2020 FC 177
Précis: The Federal Court rejected Charter arguments where the same arguments had been determined by a higher Court and the arguments were not based on enumerated or analogous grounds.
Full SummaryGlobal Marine Systems Ltd. v. Canada (Transport), 2020 FC 414
Précis: The Federal Court found that standby activities of a vessel in Canadian waters were marine activities of a commercial nature and a violation of Canadian cabotage laws.
Full SummaryLabrador-Island Link General Partner Corporation v. Panalpina Inc., 2019 FC 740, 2020 FCA 36
Précis: The Federal Court of Appeal dismissed an appeal of a decision of the Federal Court which found that a claim brought against a freight forwarder and preforming carrier was subject to a 9 month limitation period and therefore time barred.
Full SummaryR. v. Great Lakes Stevedoring Company Ltd., 2019 ONCJ 895
Précis: The Ontario Court of Justice held that valid provincial law applied to unloading activities of a stevedoring company operating on federal property.
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