Précis: The Ontario Court of Justice held that evidence gathered from the operator of a pleasure craft was inadmissible and a breach of the operator’s Charter rights.
Full SummaryR v. Gettle, 2018 BCSC 1221
Précis: The B.C. Supreme Court found the accused guilty of operating a vessel in a manner dangerous to the public and causing bodily harm.
Full SummaryBanford v. Mitchelson, 2016 SKQB 328
Précis: The operator of a vessel involved in a collision is not precluded from denying liability where his guilty plea was entered for economic reasons. He was nevertheless found liable.
Full SummaryR v. Nickerson, 1997 CanLII 2809
This case involved a string of 30 tagless traps with 5 traps at the end of the string with tags attached which had been issued to the accused. The Appeal Court upheld the conviction which was based primarily on circumstantial evidence.
Full SummaryR v. Jackson, 1997 CanLII 1539
This case involved proof that a fisher has exceeded his allowable catch of haddock by way of circumstantial evidence. The Court of Appeal adopted R. v. Jenkins (1908), 14 C.C.C. 21 (B.C.C.A.) and confirmed that the accused does not have to explain away suspicious circumstances.
Full SummaryR v. Wilcox, 2001 NSCA 45
This case involved a large number of charges against a snow crab fisherman who was alleged to have conspired with two dockside observers to land catches of snow crab in excess of his quota. Amongst other things the case concerned the admissibility of a “fish book” containing a hand written table of dates, names, quantities of fish and values of …
Full SummaryValentino Gennarini SRL v. Andromeda Navigation Inc., 2003 FCT 567
This was a simplified action for disbursements incurred and for ship agency services rendered by the Plaintiff at the port of Taranto, Italy. The case is of interest because of the way a number of procedural matters were decided. The Defendant sought to adduce affidavit evidence that it was acting as agent for a third party. The Plaintiff applied to …
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