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

In Offences in a Marine Context on (Updated )

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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R. v. Bolt, 2011 NLTD 20

In Pollution (Ship Source) on (Updated )

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

In Pollution (Ship Source) on (Updated )

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

In Pollution (Ship Source) on (Updated )

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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