Pollution - Admiralty Law

Kirby Offshore Marine Pacific LLC v. Heiltsuk, 2019 FC 1009

In Admiralty Practice, Limitation of Liability in Maritime Law, Stays of Proceedings on July 26, 2019

Précis: Claims to Indigenous title will not stay a shipowner’s limitation proceeding from continuing.

Dissolved Corporate Owner - Liability of Province - Pollution

British Columbia v. Administrator of the Ship-source Oil Pollution Fund, 2018 BCSC 793

In Pollution (Ship Source) on May 14, 2018 (Updated June 18, 2018)

Précis: The province was permitted to restore the corporate owner of a derelict vessel but the restoration was without prejudice to the subrogated rights the SSOPF had acquired against the Province while the corporate owner was dissolved.

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Criminal Proceedings - Investigations - Pollution - Unreasonable Search and Seizure

R v. MV Marathassa, 2018 BCPC 125

In Offences in a Marine Context on April 20, 2018 (Updated June 18, 2018)

Précis: The court held that the Charter rights of the accused were infringed when Transport Canada inspectors seized evidence without a warrant.

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Clean up Costs - Defence of Deliberate Action by Third Party - Pollution - Summary Judgment

Administrator of the Ship-Source Oil Pollution Fund v. Beasse, 2018 FC 39

In Judgments and Enforcement of Judgments, Pollution (Ship Source) on January 16, 2018 (Updated June 07, 2018)

Précis: The court held the defendant owner liable for pollution clean up costs following the sinking of a tug, rejecting the owner’s allegation the sinking was due to the deliberate act of a third party.

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Offences - Pollution - Service of Summons on Counsel - Service of Summons on Master

R v. Alassia New Ships Management Inc., 2018 BCPC 5

In Offences in a Marine Context on January 12, 2018 (Updated June 07, 2018)

Précis: The court declared that service of a summons on the ship’s Master was valid service on the accused operator of the ship.

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Certiorari - Offences - Pollution - Prohibition - Service of Summons on Ship Manager

Alassia Newships Management Inc. v. British Columbia, 2017 BCSC 2181, 2018 BCCA 92

In Offences in a Marine Context on November 29, 2017 (Updated April 11, 2018)

Précis: The British Columbia Supreme Court dismissed an application for certiorari and prohibition relating to an order of a Justice of the Peace validating service of a summons against a ship manager by serving a Master of a managed ship. On appeal, the Court of Appeal held the ship manager had not been properly served and the Provincial Court was without jurisdiction.

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Default Judgment - Pollution

Administrator of the Ship-Source Oil Pollution Fund v. Wilson, 2017 FC 796

In Judgments and Enforcement of Judgments, Pollution (Ship Source) on August 31, 2017 (Updated April 11, 2018)

Précis: The Federal Court granted default judgement to the Ship-Source Oil Pollution Fund against the owner of a barge for expenses incurred to clean up and mitigate pollution.

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Deleterious Substance - Fine - Fisheries Act - Pollution

R. v. Bolt, 2011 NLTD 20

In Pollution (Ship Source) on February 4, 2011 (Updated July 11, 2012)

In this matter the defendant pled guilty to two charges of depositing a deleterious substance into waters frequented by fish and failing to report a spill contrary to the Fisheries Act. The facts were that a quantity of diesel fuel was spilled into the harbour while the defendant was refuelling his vessel. He was fined $10,000 for the depositing charge …

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Apportionment of Fault - Bunkering - Pollution

FFS HK Ltd. v. P.T. 25 (Ship), 2010 BCSC 1675

In Pollution (Ship Source) on November 29, 2010 (Updated July 10, 2012)

The issue in this case was the apportionment of fault for a spill that occurred in Vancouver Harbour during a bunkering operation which cost the vessel owner approximately $1 million. The owner/plaintiff accepted it was partially at fault in that one of the crew left open the valves to one of the ship’s tanks and the crew failed to monitor …

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Due Diligence - Offences - Pollution

R. v. M/V "Kathy L" et al., 2010 BCPC 30

In Pollution (Ship Source) on March 29, 2010 (Updated July 10, 2012)

This case concerned the sinking of a barge while it was being towed which resulted in escape of pollutants. Charges were laid against the owner of the barge as well as the towing company and the captain of the tug. The Court dismissed the charges against all defendants except for the owner of the barge. The Court found that the …

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