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La cour fédérale réitérait le 12 décembre 2019 (jugement dans Norstar Shipping and Trading c. Le navire ROSY) que le montant de la caution (la valeur […]
Cette note fait l’introduction à une série de commentaires concernant le jugement du 28 novembre 2019 de la cour suprême du canada dans l’affaire Transport Desgagnés […]
La loi fédérale sur les épaves, les bâtiments délabrés, abandonnés ou dangereux et les opérations d’assistance attendait le décret avant d’entrer en vigueur. Le décret, voir […]
La cour fédérale accordera un poids considérable, en décidant une requête pour suspens de procédures, aux ordonnances en matière d’involvabilité émises par les autres cours canadiennes. […]
Le Projet de Loi C-64 recevait sa sanction royale le 28 février 2019, devenant ainsi le chapitre 1 des lois de 2019. Le nom officiel est […]
Bill C-64 concerning wreck and salvage was reported back to the House of Commons in December with Senate amendments. The House gave second reading to the […]
The Wartsila case was argued on January 24 in the Supreme Court of Canada. Judgment was reserved, as is usually the case, and will issue on […]
In a January 9, 2019, judgment, the Ontario Court of Appeal has reiterated Family Insurance v. Lombard Canada (Supreme Court of Canada, 2002) to the effect […]
The transfer of title on a ship sale is not dependent on registration of the sale in the Canadian Ship Registry, at least in the specific […]
Transport Canada announced today, simultaneously with Canada Gazette publication, new drone safety regulations, which will come into force on June 1, 2019. The rules will apply […]
The federal government has published (Canada Gazette, Part I, December 22; see page 5176) proposed regulations requiring oil-handling facilities (OHF’s) to have oil-pollution prevention plans (OPPP’s). […]
The irreparable-harm component of the tripartite test for interlocutory injunctions can defeat many injunction applications, as illustrated by a December 7, 2018, Federal Court judgment following […]
Bill C-86 has cleared Parliament and was given Royal Assent on December 13, 2018. This omnibus budget implementation bill amends various legislation, including the Canada Shipping […]
Insurance regulations in relation to liability for ship passenger and related claims will come into force in Canada on January 11, 2019. See the Canada Gazette […]
It remains to be seen whether or not revamped Marine Mammal Regulations, brought into force this past summer, clarify what has to be proved to prosecute […]
The scope for re-visiting contract terms for reasons of good faith are limited under Quebec law, according to the November 2nd, 2018, judgment of the Supreme […]
A mandatory interlocutory (during proceedings versus a permanent injunction by way of final judgment on the merits) injunction has a higher threshold to satisfy on the […]
As we noted in our Nov. 6th newsletter, amendments to the federal oil pollution response regime are now before Parliament as part of omnibus budget implementation […]
In Econolodge v. Lombard GIC (October 19, 2018), the Supreme Court of Canada (on appeal from Quebec and applying civil law, but noted as the same […]
Bill C-64 (wrecks and hazardous vessels) was given Second Reading in the Senate on October 18, 2018, and referred for study to the Standing Senate Committee […]
A contract clause requiring that a physical supplier of bunkers « insist » on the application of its own standard terms and conditions (GTC’s) in order to bind […]
The potential for overlapping legislation in marine pollution has been reduced by another interlocutory judgment in the ongoing MARATHASSA case. The Defendant ship asked for a […]
UNCTAD’s 2018 Maritime Transport Review, released October 3rd, canvasses the status of blockchain development and deployment in the industry (see pp. 87-89); the latter is noted […]
Senate Second Reading of Bill C-64 re Wrecks, etc., is being carried forward from day to day on the Senate Order Paper (daily schedule). We will […]
Bill C-64 (wrecks and hazardous vessels) moved into the Senate with First Reading on September 18, 2018. According to Hansard (the daily record), Second Reading was […]
The Supreme Court of Canada has set a tentative date of January 17, 2019, for the hearing of the Wartsila appeal (see description in earlier post). […]
A recent lower Court judgment (Beaumont v. Norwegian Cruise Line Holdings) illustrates some potential difficulties ahead in reconciling Canadian Maritime Law (CML) with consumer legislation. CML […]
À noter que nous travaillons actuellement la version française du site web. Celle-ci devrait être disponible d’ici environ deux semaines. French Version of Website Please note […]
In April 2018, the B.C. Supreme Court ruled on the admissibility of evidence in a ship pollution context. The ship Marathassa is accused of discharging a […]
Bill C-64, the draft federal legislation on wrecks and hazardous vessels, has been on hold during Parliament’s summer recess. The Bill had previously gone through the […]
