Bailment - Admiralty Law

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

In Other Practice Topics, Ship Building and Repair on October 9, 2015 (Updated November 25, 2015)

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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Bailment - Damage to Ship during Lifting Operation - Exclusion Clauses - Presumption of Liability

Capitaines PropriÃ©taires de la GaspÃ©sie (A.C.P.G.) Inc. v. PÃªcheries Guy Laflamme Inc., 2014 FC 456, 2015 CAF 78

In Docks Wharves and Marinas on March 19, 2015 (Updated June 03, 2015)

Précis: The Federal Court and Federal Court of Appeal gave effect to an exclusion clause in a ship lifting contract notwithstanding that the clause did not specifically refer to negligence.

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Bailment - Vessel Storage

Laursen v. Bemister, 1999 CanLII 6059

In Docks Wharves and Marinas on October 1, 1999 (Updated July 10, 2012)

This was an action in negligence, breach of contract and bailment against the Defendant in respect of damage to the Plaintiffs’ vessels that were stored in the Defendant’s barn when the roof collapsed under a snow load. The action was dismissed. The court held that the Defendant was aware of the potential risk from snow accumulation but took reasonable steps, …

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