Précis: The Federal Court of Appeal dismissed an appeal relating to insufficient packaging and discussed at length the burden of proof under an all risks policy.
Full SummaryR v. Keough, 2006 NLTD 142
This case involved a charge of fishing for crab during a closed time. The accused ran a defence based upon evidence that he had been unable to retrieve his crab traps prior to the end of the season because of bad weather. He gave evidence that he contacted someone named "Tony" at the St. John’s office who advised that "they …
Full SummaryF.H v. McDougall, 2008 SCC 53
This is pronouncement by the Supreme Court of Canada on the civil burden of proof "on a balance of probabilities". Although this is not a fisheries case, since this is the burden of proof by which an accused fisher must establish a due diligence defence, it is an important decision for fisheries prosecutions. In this case the court rejected an …
Full SummaryAmerican Risk Management Inc. v. APL Co. Pte. Ltd., 2002 FCT 1023
This was an action for damage to a cargo of 52 rolls of fabric carried by land, sea and rail from Pakistan to Toronto, Ontario. The cargo was initially received at its destination without any notations as to damage. However, a few days later it was discovered that the rolls were damaged by mould and stains. The Plaintiff argued that …
Full SummaryNova Steel Ltd. et al. v. The "Kapitonas Gudin", 2002 FCT 100
These cases were for damage to rolled coils carried from Latvia to Montreal. The coils were “pitted”, allegedly by sea water. The Defendants denied liability arguing the damage was caused by the excepted perils of peril of the sea (condensation), act or omission of the shipper (defective packaging) or inherent defect (mill defects in the coils). After reviewing the evidence, …
Full SummaryVoest-Alpine Stahl Linz GmbH v. The "Federal St. Clair" et al., 1999 CanLII 8635 (FC)
This was an action for damage to 35 steel coils. The coils were manufactured in Austria and carried by barge to Antwerp where they were loaded on board the Defendant vessel and carried to Montreal. A pre-loading survey at Antwerp noted some minor rusting to the coils. The cargo was not surveyed at Montreal. It was carried from Montreal to …
Full SummaryFerguson v. Arctic Transportation Ltd., 1998 CanLII 7914
This was an action for damages for personal injury. The Plaintiff was a Panama Canal Pilot. At the time of the accident he was one of three Pilots on board the barge "AMT Transporter", ex the "Arctic Tarsiut", when she was transiting the Panama Canal. He was injured when an emergency tow line secured to the sides of the barge …
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