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 SummaryBrun v. Deep Cove Yacht & Sport Club, 2019 BCSC 1409
Précis: The plaintiff’s membership at the defendant yacht club was reinstated despite being in arrears on moorage payment.
Full SummaryJean Riley v. New Wave Expeditions Inc., 2019 QCCS 3697
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 SummaryR. v. Kirby Offshore Marine Operating LLC, 2019 BCPC 185
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