- - - - -

Canpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2018 FC 957

In Admiralty Jurisdiction on (Updated )

Précis: The Federal Court found that the sale of marine bunkers was subject to the standard terms and conditions of the defendant supplier where no objection to those terms was raised by the parties to the original Fixed Price Agreement contract, and ordered the plaintiff to pay the supplier with money held in trust, as well as the receiver of the bankrupt bunker company.

Full Summary
-

Atlantic Container Lines AB v. Cerescorp Company, 2017 FC 465

In Admiralty Practice, Pleadings on (Updated )

Précis: The Federal Court permitted a defendant to amend its Statement of Defence to allege additional causes of the collapse of a stow of containers where the amendments were not a radical departure from prior pleadings, were not doomed to fail and the motion to amend was made in a timely fashion.

Full Summary
- - - - - - - -

Canpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2015 FC 1108, 2017 FCA 47

In Charters of Ships, Other Practice Topics on (Updated )

Précis: The Federal Court of Appeal held that the trial Judge erred in relying upon parole evidence when interpreting bunker supply contracts and further held that the error was sufficiently serious so as to constitute an error in principle justifying review to the standard of correctness.

Full Summary
- - - -

D'Eon Fisheries Ltd. (Re) v., 2016 NSCA 30

In Fish Cases, Fisheries Practice on (Updated )

This case involved a borrower that granted a number of Personal Property Security Act ("PPSA") interests under the Nova Scotia PPSA Act over its enterprise allocation of silver hake. Two of the PPSA security holders had registered their security interests as follows: "all of the debtor’s rights, title and interest of every kind which the debtor has in, to or …

Full Summary
- -

Westshore Terminals Limited v. Leo Ocean S.A. (The Cape Apricot), 2014 FC 136, 2014 FCA 231

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

Précis: The Federal Court of Appeal held that a letter of undertaking given to secure the release of a vessel from arrest was valid and binding and further held that s. 43(8) of the Federal Courts Act did not permit the arrest of multiple vessels.

Full Summary
- - -

Ahousaht Indian Band v. Canada (Minister of Fisheries and Oceans), 2014 FC 197

In Aboriginal Rights/Defences, Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on (Updated )

In this case the applicants were a group of five First Nations located on the West Coast of Vancouver Island who had recently had their right to to fish and sell fish affirmed by the Supreme Court of B.C. with the issue of justification and infringement to be later determined. When affirming this right, the court had given the parties …

Full Summary