Précis: The Federal Court considered s. 139 of the MLA but confirmed the priority of a mortgagee.
Full SummaryEarly Recovered Resources Inc. v. British Columbia, 2005 FC 995
The issue in this case was the constitutional validity or applicability of: first, Part 9 of the Forest Act of British Columbia and the associated Log Salvage Regulation passed pursuant thereto; and second, the Canada Shipping Act and the International Convention on Salvage (the “Salvage Convention”). Part 9 of the Forest Act and the Log Salvage Regulation regulate, inter alia, …
Full Summary