Relief from Forfeiture - Admiralty Law

These summaries of Fisheries law cases were prepared by retired lawyer Brad Caldwell.

Readers are cautioned this material is not up to date and are urged to consult CanLii for updated cases.

No need to prove positive inquiry when vessel owned by son of offender - Offences - Relief from Forfeiture

Hurley v. R., 2003 NLSCTD 178

In Fish Cases, Forfeiture, Offences on July 19, 2012 (Updated July 19, 2012)

R v. Oates, 2004 NLCA 6

In Fish Cases, Forfeiture, Offences on July 19, 2012 (Updated July 19, 2012)

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Forfeiture - Fundamental Breach - Relief from Forfeiture - Repudiation - Rescission - Ship Building

Hansen v. "Trinity" (The), 2007 BCSC 821

In Ship Building and Repair on June 7, 2007 (Updated July 11, 2012)

The Plaintiffs in this case sought the return of in excess of $300,000 they had paid towards the purchase of a sailing vessel being built for them by the Defendants. The Plaintiffs alleged that there was a fundamental breach of the building contract entitling them to rescission of the contract. The breaches related to alleged welding defects in the hull. …

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