Case Law

11 cases

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Appeals 2 Practice 2 Standard of Review 2 Athens Convention 1 Bankruptcy 1 Bunkers 1 Civil Fraud and Conspiracy 1 Coasting Trade Act 1 Conflict of Laws 1 Criminal Negligence 1 Default Judgement 1 Default of Time Charter 1 Equitable Set Off 1 Extension of Time 1

Decision Date: April 02 2026

Zane v. Rohland, 2026 FC 432

Précis: The Federal Court ordered the judicial sale of the arrested vessel Kindness to the World, confirming the Court's supervisory jurisdiction over admiralty sales, preservation expenses, and the orderly determination of competing claims against sale proceeds.

Arrest Judicial Sale Maritime Liens, Mortgages & Priorities

Decision Date: October 05 2022

Inaminka Marine Services Limited v. Canada Fluorspar (NL) Inc., 2022 FC 1375

Précis: Précis: The Federal Court stayed an in rem action and ordered the release of an arrested vessel in favour of ongoing insolvency proceedings under the CCAA, finding that the insolvency process was the more appropriate forum for resolving the parties' claims.

Arrest Bankruptcy & Insolvency Judicial Sale Bankruptcy Stay of Proceedings Liens Bunkers

Decision Date: June 07 2022

Arc-en-Ciel Produce Inc. v. BF Leticia (Ship), 2022 FC 843

Précis: Précis: Section 46 of the Canadian Marine Liability Act applies to bills of lading and can limit the effect of forum selection clauses. However, it does not apply to waybills or similar shipping documents unless they have the same legal status as a bill of lading or document of title under the Hague-Visby Rules

Carriage of Goods Forum Selection Clauses Conflict of Laws Lien on Cargo

Decision Date: May 20 2022

O’Leary v. Ragone, 2022 FC 749

Précis: Précis: The Federal Court granted an extension of time for claimants to file claims against a limitation fund, finding that, despite procedural errors and delay, allowing the claims to proceed was in the interests of justice.

Limitation of Liability Collisions and Navigation Practice Extension of Time Default Judgement

Decision Date: April 21 2022

Duval v. Seapace (Ship), 2022 FC 575

Précis: Précis: A maritime negligence claim brought by an injured longshore worker was allowed to proceed to trial. The Court held that common law doctrines such as issue estoppel, res judicata, and abuse of process remained available defenses in the action despite the plaintiff's reliance on Quebec civil law principles.

Maritime Labour & Employment Personal Injury Admiralty Practice Constitutional Issues Practice Res Judicata

Decision Date: April 07 2022

Knight v. Black, 2022 BCCA 130

Précis: Précis: For the purposes of the Athens Convention and the Marine Liability Act, a carrier is a party that agrees to transport passengers under a contract. The statutory right to limit liability applies regardless of whether passengers are given notice of that limitation.

Limitation of Liability Carriage of Passengers Athens Convention Appeals

Decision Date: February 17 2022

British Columbia Ferry and Marine Workers’ Union v. Canada (Transport), 2022 FC 209

Précis: Précis: A Union's challenge to Transport Canada's decision to issue a safe manning document permitting a five-person crew on BC Ferries' Island Class vessels was dismissed. The Federal Court found that the decision was reasonable and complied with the applicable regulatory requirements.

Judicial Review Miscellaneous Standard of Review Safe Manning

Decision Date: December 06 2021

Canada (Attorney General) v. Geophysical Services Incorporated, 2022 NSCA 41

Précis: Précis: Appeals arising from a summary judgment motion concerning the interpretation and application of the Coasting Trade Act were allowed in part, resulting in the dismissal of the underlying action.

Miscellaneous Coasting Trade Act Summary Judgment Appeals

Decision Date: September 10 2021

R. v. White, 2021 PESC 35

Précis: Précis: After a fatal collision between two fishing vessels resulting in the death of two seafarers, the accused was found not guilty of criminal negligence causing death but guilty of dangerous operation of a vessel causing death.

Offences Collisions and Navigation Fisheries Criminal Negligence

Decision Date: August 31 2021

Heisey v. MacDonald, 2021 FC 898

Précis: Précis: An application for judicial review of Transport Canada's approval of a mooring buoy was dismissed.

Judicial Review Ports, Harbours and Marinas Navigable Waters Standard of Review