Standard of Review - Admiralty Law

Adventurer Owner Ltd. v. R., 2017 FC 105, 2018 FCA 34

In Collisions and Ships on February 7, 2018 (Updated June 18, 2018)

Précis: The Federal Court of Appeal upheld a decision of the Federal Court that: (1) the Crown was not liable for damages caused to a ship running aground on an un-charted shoal in the Arctic when the shoal had been the subject of a Notice to Shipping; and (2) the ship was liable to the Crown for the costs of pollution abatement.

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Indemnity - Jurisdiction of Federal Court - Prothonotaries - Standard of Review - Third Party Action

Certain Underwriters at Lloyd's and Soline Trading Ltd. v. Mediterranean Shipping Company S.A., 2017 FC 460, 2017 FC 893

In Admiralty Practice, Pleadings on October 6, 2017 (Updated April 11, 2018)

Précis: The Federal Court held it had no jurisdiction to adjudicate a third party claim for indemnity brought by the ocean carrier against a trucker who took delivery of the cargo either unlawfully or negligently.

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Appeals - Bankruptcy of OW Bunkers - Bunkers - Charters - Interpleader - Liens - Parole Evidence - Practice - Standard of Review

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

In Charters of Ships, Other Practice Topics on March 10, 2017 (Updated April 11, 2018)

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.

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Appeals - Arbitration Clause - Booking Note - Charters - Standard of Review - Stay of Proceedings

Comtois International Exports Inc. v. Livestock Express BV, 2013 FC 1239, 2014 FC 475

In Arbitration/Jurisdiction Clauses in Maritime Law, Stays of Proceedings on May 15, 2014 (Updated June 03, 2015)

Précis: The court had no discretion to not enforce an arbitration clause in a charter party/booking note.

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Exception to Mootness Rule - Judicial Review/Crown Liability - Larocque Distinguished - Maplelodge Farms Test Applied - Review of Management Plan - Standard of Review - Under Rule 302 Cannot Challenge Both Fishing Plan and Issuances of Licences Under Plan In Same Proceeding

Association Des Crevettiers Acadiens Du Golfe Inc. v. Canada (Attorney General), 2011 FC 305

In Fish Cases, Judicial Review/Crown Liability on August 20, 2012 (Updated August 20, 2012)

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Decision of Minister of Fisheries based upon Recommendation of Appeal Board - Judicial Review/Crown Liability - Reasonable apprehension of Bias No apprehension of Bias Arising from Department's Employee Acting as Secretary - Standard of Review

Fennelly v. Canada (Attorney General), 2005 FC 1291

In Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved judicial review of a decision of the Minister of Fisheries to not re-issue an exploratory snow crab licence. During a previous judicial review application (digested herein), the court had made an order that the the Minister of Fisheries re-consider his decision based upon facts he had neglected to consider at the original appeal. After reconsidering the matter …

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Judicial Review/Crown Liability - Standard of Review

Dunsmuir v. New Brunswick, 2008 SCC 9

In Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

Although this is a non-fisheries case, it is listed because it is a SCC decision that has made a significant change to the standard of review to be applied in judicial review proceedings. As a result of this case, there will now only be two standards: (1) correctness and (2) reasonableness.

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Arbitration Clause- Inconsistent Clauses - Interpretation of Co - Marine Insurance - Standard of Review - Stay of Proceedings - Waiver-Appeals

Oppenheim v. Midnight Marine Ltd., 2010 NLTD 3

In Marine Insurance on January 7, 2010 (Updated July 06, 2012)

The plaintiff’s barge sank at sea while carrying cargo and while being towed by one of the plaintiff’s tugs. The cargo owners subsequently commenced proceedings against the plaintiff and arrested the tug. The plaintiff advised the defendant, the insurer of the barge, of the action but the insurer refused to provide security or a defence as it was investigating whether …

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Appeal - Carriage - Dangerous Goods - Fire - Hague Rules - Standard of Review

Elders Grain Company Limited et al. v. The "Ralph Misener" et al., 2005 FCA 139

In Appeals, Carriage of Goods by Sea on April 15, 2005 (Updated July 03, 2012)

This matter involved the carriage of a cargo of alfalfa pellets from Thunder Bay to Montreal. During the discharge of the cargo in Montreal a fire broke out damaging the cargo and the carrying ship. The Plaintiffs claimed for the damage to the cargo and the Defendants counter-claimed for the damage to the ship. The Plaintiffs argued that the bills …

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Appeal from Prothonotary - Jurisdiction Clause - MLA s.46 - Parallel Proceedings - Standard of Review

Ford Aquitaine Industries SAS et al. v. The "Canmar Pride" et al., 2005 FC 431

In Admiralty Practice, Stays of Proceedings on March 31, 2005 (Updated June 29, 2012)

This action concerned the loss of or damage to several containers carried from LeHavre to Montreal. The damages were estimated at $6 million. The carriage was pursuant to a transportation services agreement which provided for American law and jurisdiction. The carrier under the transportation services agreement was OOCL but OOCL was expressly permitted to subcontract the carriage, which it did, …

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