Onus of Proof - Admiralty Law

J.D. Irving Limited v. Siemens Canada Limited, 2016 FC 69

In Limitation of Liability in Maritime Law on January 22, 2016 (Updated April 03, 2017)

Précis: The right of a ship owner to limit liability for damage to cargo when a barge capsized was upheld.

Due Diligence - Offences - Onus of Proof - Whether s. 44(2)(3) of the Atlantic Fisheries Regulations is an element of the offence or a due dilligence provision.

R v. Arbuckle, 2013 NSSC 2

In Due Diligence, Fish Cases, Offences on March 12, 2013 (Updated March 12, 2013)

This case involved a charge under s. 44 of the Atlantic Fisheries Regulations for possession of undersize herring that was incidental catch. S. 44 of the Atlantic Fishery Regulations provided: 44. (1) Subject to subsections (2) and (4), no person shall fish for, buy, sell or have in his possession any herring that is less than 26.5 cm in length. …

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Due Diligence - Offences - Onus of Proof - Whether s. 48(2) of the Atlantic Fisheries Regulations is part of the offence or a due diligence provision

R v. Neary, 2010 NSSC 466

In Due Diligence, Fish Cases, Offences on July 17, 2012 (Updated July 17, 2012)

This case involved charges under s. 48 of the Atlantic Fisheries Regulations for possessing undersize mackeral that were incidental catch. Section 48 of the Regulations provides as follows: (1)Subject to ss. (2) and (4), no person shall fish for, buy, sell or have in his possession any mackerel that is less than 25 cm in length. (2) Subsection (1) does …

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Due Diligence - Exceptions - Inchmaree - Insurance - Liner Negligence Clause - Onus of Proof

Secunda Marine Services Ltd. v. Liberty Mutual Insurance Co., 2006 NSCA 82

In Marine Insurance on June 30, 2006 (Updated July 06, 2012)

The Plaintiff’s vessel lost its propeller when its tail shaft broke while towing a barge. The cost of salvage and repairs was approximately $700,000. The vessel was insured at the material times by the Defendant pursuant to a policy that incorporated the Institute Time Clauses (Hulls) amended to include a Liner Negligence clause in place of the standard Inchmaree clause. …

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Hague-Visby Rules - Hearsay Evidence - Mis-Delivery/Theft - Onus of Proof - Post-Discharge Exclusions

Shtutman v. Ocean Marine Shipping Inc., 2005 FC 1471

In Carriage of Goods by Sea on October 31, 2005 (Updated July 03, 2012)

The Plaintiff alleged that the carrier was liable for the loss of the contents of a container carried by sea from Halifax to Conakry. Specifically, the Plaintiff alleged that the carrier had either mis-delivered the container or that the contents of the container had been stolen while the container was in the possession of the carrier. Unfortunately, the Plaintiff’s case …

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Liability of Agents and Brokers - Material Facts - Onus of Proof

1013799 Ontario Ltd. v. Kent Line International Ltd., 2000 CanLII 16926

In Marine Insurance on November 8, 2000 (Updated July 06, 2012)

This was an action against a freight forwarder and insurance broker for breach of contract and negligence arising out of damage to a cargo of chocolate bars shipped to Trinidad. The cargo was insured subject to the Institute Frozen Food Clauses which only provided coverage in the event of mechanical breakdown of the reefer units for a period longer than …

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Clean Bills of Lading - Onus of Proof

Wirth Limited et.al. v. The "Federal Danube", No.T-1701-90

In Carriage of Goods by Sea on May 10, 1996 (Updated July 04, 2012)

This case concerned damage to a cargo of steel rails carried from Antwerp to Montreal. The carrier acknowledged receipt of the cargo at Antwerp in apparent good order and condition except for some slight rusting. Upon discharge at Montreal the cargo was noted as being in substantially the same condition except one rail was damaged. The cargo was then carried …

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