Desgagnés Transport v. Wärtsilä Canada – recent Supreme Court decision
- December 6, 2019
- Brisset Bishop
This recent Supreme Court of Canada judgement, pleaded by Danièle Dion of our offices, revolved around whether Canadian Maritime Law or the Civil Code of Quebec applied to a contract for the sale of ship-engine parts. All nine justices found…
Canadian Marine Bankruptcy
- November 20, 2018
- David Colford
For corporate debtors in most industries, Canadian bankruptcy law is simple – either seek reorganization under the Company Creditors Arrangement Act or file for formal bankruptcy by making a proposal to creditors. Once protection is granted and a Monitor or…
Limitation of Liability – April 2018
- April 30, 2018
- David Colford
This paper, by the Hon. Justice Elizabeth Heneghan of the Federal Court of Canada and David Colford of Brisset Bishop, describes the current limitation of liability regime in Canada. See Limitation-of-Liability-Canada-April2018 and the separate Appendix to Limitation of Liability paper April…
Bill C-64 Wreck Removal – Synopsis
- February 1, 2018
- Brisset Bishop
Circular re Canada Wreck Legislation 112117
New Federal Court Rules on Experts
- August 18, 2010
- Brisset Bishop
New Rules, published August 18, 2010, now apply in relation to the use of experts in Federal Court. The new rules apply to cases already underway, as well as to future cases. Broadly speaking, the revisions are intended to ensure…
Syncrude guilty of federal and provincial environmental offences
- June 29, 2010
- Brisset Bishop
Overlapping legislation and the possibility of duplicated environment-related charges remains a concern. Tar sands operator Syncrude has been found guilty of environmental offences brought under Alberta’s general environmental legislation, as well as under the Federal Migratory Birds Convention Act. In…
Northern Canada Vessel Traffic Services (NORDREG) Reporting Requirements in Effect July 1st, 2010 Mandatory reporting scheme for northern waters
- June 23, 2010
- Brisset Bishop
The federal government yesterday announced that mandatory vessel reporting requirements for the Northern Canada Vessel Traffic Services (NORDREG) Zone will be in effect beginning July 1st, 2010. The relevant regulation has been published today in the Canada Gazette, Part II….
The Florence M v. Canada (Minister of Transport) 2009 TATCE 34, December 18, 2009 Appeal decision in AMP case provides sentencing guidance in maritime pollution setting
- February 12, 2010
- Brisset Bishop
Administrative Monetary Penalties (AMP’s) entered the lexicon with the relatively recent (April 3rd, 2008) Administrative Monetary Penalties Regulations (AMPR) made under the Canada Shipping Act, 2001 (CSA). AMP’s refer to the violation procedure by which certain contraventions of the CSA may…
MiningWatch Canada v. Red Chris Development Company 2010 SCC 2 Supreme Court of Canada revises federal environmental assessment procedures
- February 2, 2010
- Brisset Bishop
The Supreme Court of Canada has ruled that Responsible Authorities (RA) conducting environmental assessments (EA) under the Canadian Environmental Assessment Act (CEAA) do not have the discretion to scope down a project from its proposal description, and thereby to limit…
New Summary Judgment and Trial Rules in Federal Court
- January 6, 2010
- Brisset Bishop
New Federal Court rules concerning summary judgment and summary trial were brought into force on December 10th, 2009 (Gazetted December 23rd, 2009). The new rules are designed to expand the possibility for expedited determinations in all kinds of cases falling…