Précis: The British Columbia Supreme Court upheld a local bylaw that prohibited long term moorage but allowed temporary moorage.
Full SummaryWest Kelowna (District) v. Newcombe, 2013 BCSC 2299, 2015 BCCA 5
Précis: The British Columbia Court of Appeal affirmed the decision of the Trial Judge (2013 BCSC 1411) that anchoring/mooring was a core element of Federal jurisdiction over navigation and shipping and a municipal by-law prohibiting mooring was constitutionally inapplicable pursuant to the doctrine of interjurisdictional immunity to the extent it prohibited temporary moorage.
Full SummaryAdventure Tours Inc. v. St. John's Port Authority, 2014 FC 420
Précis: The Federal Court upheld the decision of a Port Authority denying an application to conduct tour boat operations from port managed property.
Full Summary