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Canadian Maritime Law, Admiralty Law and Shipping Law

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Expulsion - Membership - Moorage - Slip - Society

Brun v. Deep Cove Yacht & Sport Club, 2019 BCSC 1409

In Docks Wharves and Marinas on August 22, 2019 (Updated August 26, 2019)

Précis: The plaintiff’s membership at the defendant yacht club was reinstated despite being in arrears on moorage payment.

Full Summary
Adventure Tourism - Maritime liability - Rafting - s. 140 MLA

Jean Riley v. New Wave Expeditions Inc., 2019 QCCS 3697

In Limitation Periods in Maritime Law, Stays of Proceedings on August 14, 2019 (Updated September 08, 2019)

Précis: The Quebec Superior Court could not strike a claim arising from a river rafting excursion where the underlying facts, which determined the applicable limitation period, were disputed.

Full Summary
Diesel Fuel - Fine - Litres - Spill - Tug

R. v. Kirby Offshore Marine Operating LLC, 2019 BCPC 185

In Offences in a Marine Context on August 12, 2019 (Updated August 26, 2019)

Précis: A tug owner pled guilty to three offences and was fined over $2.9 million in relation to the discharge of fuel and lubes from a sunken tug.

Full Summary

Royal Bank of Canada v. Seamount Marine Ltd., 2019 FC 1043

In Appeals, Other Practice Topics, Stays of Proceedings on August 2, 2019

Précis: The Federal Court stayed proceedings after an equitable mortgagee failed to appeal its unsecured status by a the trustee in bankruptcy.

Full Summary
Additional Work - Invoices - Payment - Port State Control - Ship's Agent

Nirint Inc. (Nirint Canada) v. Mega Throphy Ltd, 2019 FC 1015

In Admiralty Jurisdiction, Other Practice Topics on July 29, 2019

Précis: The Federal Court held a ship’s agent was to be reimbursed for expenses personally paid to correct deficiencies in the ship.

Full Summary
Limitation Fund - Limitation of Liability - Pollution - Ship Owner

Kirby Offshore Marine Pacific LLC v. Heiltsuk, 2019 FC 1009

In Admiralty Practice, Limitation of Liability in Maritime Law, Stays of Proceedings on July 26, 2019

Précis: Claims to Indigenous title will not stay a shipowner’s limitation proceeding from continuing.

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.

Full Summary
Irreparable Harm - Motion - Stay - Vessel Sale

Worldspan Marine Inc. v. Sargeant, 2019 FCA 207

In Admiralty Jurisdiction, Appeals, Judicial Sales on July 17, 2019

Précis: The Federal Court of Appeal allowed a motion to vary the allocation of proceeds of sale from a vessel.

Full Summary
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)

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

Full Summary
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.

Full Summary
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    • 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