Précis: The Ontario Court of Appeal confirmed a judgment of the Superior Court holding that a cargo underwriter was not liable under a cargo policy for damage caused during transit when the insured/vendor had been paid in full by the buyer of the cargo.
Full SummaryAdventurer Owner Ltd. v. R., 2017 FC 105, 2018 FCA 34
Précis: The Federal Court of Appeal upheld a decision of the Federal Court that: (1) the Crown was not liable for damages caused to a ship running aground on an un-charted shoal in the Arctic when the shoal had been the subject of a Notice to Shipping; and (2) the ship was liable to the Crown for the costs of pollution abatement.
Full SummaryCanpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2015 FC 1108, 2017 FCA 47
Précis: The Federal Court of Appeal held that the trial Judge erred in relying upon parole evidence when interpreting bunker supply contracts and further held that the error was sufficiently serious so as to constitute an error in principle justifying review to the standard of correctness.
Full SummaryForsey v. Burin Peninsula Marine Service Centre, 2014 FC 974, 2015 FCA 216
Précis: The Federal Court refused to give effect to an exclusion clause on the grounds that it did not expressly or impliedly exclude negligence.
Full SummaryR v. Lilgert, 2014 BCCA 493
Précis: The British Columbia Court of Appeal upheld the conviction of the Fourth Officer of the “Queen of the North” on two counts of criminal negligence causing death and leave to appeal to the Supreme Court of Canada was denied.
Full SummaryOffshore Interiors Inc. v. Worldspan Marine Inc., 2014 FC 625, 2014 FC 655
Précis: The Federal Court approved the private sale of a deteriorating vessel.
Full SummaryWebasto (Hagedorn) v. Shasta Equities Ltd. (The Helios), 2013 FC 101, 2015 FCA 135
Précis: The Federal Court of Appeal held that preliminary investigation reports were not privileged even though counsel had been retained.
Full SummaryComtois International Exports Inc. v. Livestock Express BV, 2013 FC 1239, 2014 FC 475
Précis: The court had no discretion to not enforce an arbitration clause in a charter party/booking note.
Full SummaryPhoenix Bulk Carriers Ltd. v. Kremikovtzi Trade, 2007 SCC 13
By contract of affreightment between the Appellant and the Respondent, the Respondent agreed to ship a cargo of coal on the Appellant’s vessel. In alleged breach of this contract, the Respondent entered into a second contract of carriage with another shipowner and loaded the coal on board that shipowner’s vessel. The Appellant commenced an in rem proceeding against the cargo …
Full SummaryKremikovtzi Trade v. Phoenix Bulk Carriers Limited, 2006 FCA 240
In an application under section 37.1 of the Supreme Court Act for leave to appeal to the Supreme Court of Canada, the Federal Court of Appeal, although noting that the Supreme Court should be allowed to set its own agenda and that it should rarely grant leave, nevertheless granted leave reasoning that the issue was one of considerable importance to …
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