Précis: The Supreme Court of Newfoundland and Labrador held the defendant insurer did not have to cover a loss from an excluded risk that was incorporated by reference to the original insuring agreement.
Full SummaryHer Majesty the Queen v B & B Barges Ltd., 2019 BCSC 2160
Précis: The Supreme Court of British Columbia granted an interlocutory injunction against two barges located on Crown land.
Full SummaryNorstar Shipping and Trading Ltd. v. The Rosy (Ship), 2019 FC 1572
Prećis: The Federal Court set bail for release of a ship and ordered security for costs relating to a charter dispute that was subject to London Arbitration.
Full SummaryProvincial Holdings Limited / Gestion Provincial Limitée v. Océan Nouveau-brunswick Inc., 2019 FC 1567
Précis: A claim for breach of a personal obligation can be advanced in rem provided the Court has jurisdiction.
Full SummaryDesgagnés Transport Inc. v. Wärtsilä Canada Inc., 2019 SCC 58
Précis: The Supreme Court of Canada held that provincial law, and not Canadian maritime law, governed the sale of a marine engine crankshaft.
Full SummaryG C Lobster Ltd. v. B Atkinson Boat Builders Limited, 2019 NSSC 342
Précis: The Supreme Court of Nova Scotia found the plaintiff owed the defendant for sums due and owing after numerous non-fundamental breaches of the build contract despite the contract being mutually repudiated.
Full SummaryR. v. DP World Prince Rupert Inc., 2019 BCPC
Précis: The British Columbia Provincial Court allowed an application in part for disclosure of records held by the Department of Fisheries and Oceans.
Full SummaryElroumi v. Shenzhen Top China Imp & Exp Co. Ltd., 2019 FCA 281
Précis: The Federal Court of Appeal affirmed that claims against road carriers were not claims under Canadian maritime law.
Full SummaryCanadian Maritime Engineering Ltd. v. Intact Insurance Company, 2019 NSSC 328
Précis: The Supreme Court of Nova Scotia held that the defendant insurer had a duty to pay the plaintiff’s reasonable defence costs to defend a claim for damages to a DFO vessel while docked at the plaintiff’s ship yard.
Full SummaryR. v. Vansickle, 2019 ONCJ 777
Précis: The Ontario Court of Justice held that evidence gathered from the operator of a pleasure craft was inadmissible and a breach of the operator’s Charter rights.
Full Summary