Salt Spring Island Local Trust Committee v. B & B Ganges Marina Ltd., 2008 BCCA 544, 2009 BCCA 48

In Constitutional Issues in Maritime Law on (Updated )

The issue in this case was whether a municipal bylaw limiting the size and height of buildings applied to an oil-tank barge that had been converted to a two storey floating camp. The Defendant marina argued the bylaw was constitutionally invalid or inapplicable which turned, in part, on whether the floating camp was a ship. The marina had originally been …

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British Columbia (Attorney General) v. Lafarge Canada Inc., 2007 SCC 23

In Constitutional Issues in Maritime Law on (Updated )

The issue in this case was whether the Vancouver Port Authority was required to obtain a City development permit to build a cement plant on port lands. The Supreme Court of Canada noted that the development of waterfront lands could come under either federal or provincial jurisdiction but applied the doctrine of paramountcy and held that the City bylaw was …

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Jackson v. Fisheries and Oceans Canada, 2006 BCSC 1492

In Constitutional Issues in Maritime Law on (Updated )

This case concerned the constitutional applicability of the Occupiers Liability Act of British Columbia to a slip and fall that occurred while the Plaintiff was walking down a ramp from the shore to a wharf administered by Fisheries and Oceans Canada. The Defendants argued that the Occupiers Liability Act had no application as the matter was to be governed by …

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Early Recovered Resources Inc. v. British Columbia, 2005 FC 995

In Constitutional Issues in Maritime Law on (Updated )

The issue in this case was the constitutional validity or applicability of: first, Part 9 of the Forest Act of British Columbia and the associated Log Salvage Regulation passed pursuant thereto; and second, the Canada Shipping Act and the International Convention on Salvage (the “Salvage Convention”). Part 9 of the Forest Act and the Log Salvage Regulation regulate, inter alia, …

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Island Tug & Barge Ltd. v. Communication, Energy and Paperworkers Union, 2003 BCCA 247

In Constitutional Issues in Maritime Law on (Updated )

The Respondent union had set up a “water” picket attempting to prevent vessels from berthing at the Petro-Canada terminal in Vancouver where the union was on strike. The Appellant tug and barge operators sought an injunction from the BC Supreme Court to restrict or limit the picketing. The BC Supreme Court held that it did not have jurisdiction as the …

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Gulf Log Salvage Co-Operative Assoc. v. Early Recovered Resources, 2003 FCA 35

In Appeals, Constitutional Issues in Maritime Law on (Updated )

This case concerned the constitutional validity of the Log Salvage Regulations of British Columbia. An application for summary judgment was brought by the Province of British Columbia for a declaration that the Regulations were valid. The motions Judge dismissed that application leaving no doubt that he considered the Regulations ultra vires (2002 FCT 184). The Province of British Columbia appealed …

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