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 SummaryRoyal Bank of Canada v. Seamount Marine Ltd., 2019 FC 1043
Précis: The Federal Court stayed proceedings after an equitable mortgagee failed to appeal its unsecured status by a the trustee in bankruptcy.
Full SummaryNirint Inc. (Nirint Canada) v. Mega Throphy Ltd, 2019 FC 1015
Précis: The Federal Court held a ship’s agent was to be reimbursed for expenses personally paid to correct deficiencies in the ship.
Full SummaryKirby Offshore Marine Pacific LLC v. Heiltsuk, 2019 FC 1009
Précis: Claims to Indigenous title will not stay a shipowner’s limitation proceeding from continuing.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. Cormorant (Ship), 2019 FC 977
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 SummaryWorldspan Marine Inc. v. Sargeant, 2019 FCA 207
Précis: The Federal Court of Appeal allowed a motion to vary the allocation of proceeds of sale from a vessel.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. M.V. Matterhorn Limited, 2019 FC 926
Précis: The Federal Court discontinued the plaintiff’s action on the ground that the parties reached settlement on confidential terms out of Court.
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