Broadgrain Commodities Inc. v. Continental Casualty Company, 2017 ONSC 4721, 2018 ONCA 438

In Appeals, Marine Insurance on (Updated )

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.

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Adventurer Owner Ltd. v. R., 2017 FC 105, 2018 FCA 34

In Collisions and Ships on (Updated )

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.

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Canpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2015 FC 1108, 2017 FCA 47

In Charters of Ships, Other Practice Topics on (Updated )

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.

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Forsey v. Burin Peninsula Marine Service Centre, 2014 FC 974, 2015 FCA 216

In Other Practice Topics, Ship Building and Repair on (Updated )

Précis: The Federal Court refused to give effect to an exclusion clause on the grounds that it did not expressly or impliedly exclude negligence.

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Phoenix Bulk Carriers Ltd. v. Kremikovtzi Trade, 2007 SCC 13

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

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 …

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Kremikovtzi Trade v. Phoenix Bulk Carriers Limited, 2006 FCA 240

In Admiralty Practice, Appeals on (Updated )

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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