Aspects of Arrest of Vessels in Canada – The broad brush of the rules
- October 20, 2009
- Brisset Bishop
The jurisdiction in rem of the Federal Court of Canada is outlined in the Federal Courts Act. It must be established by the arresting party that at the time of the commencement of the action the ship, aircraft or other…
Deserters and Stowaways – A quick reference to Canadian rules and practices
- October 19, 2009
- Brisset Bishop
Pursuant to the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations, when a desertion or a stowaway is reported, cash security must be deposited with the immigration authorities. The amount is discretionary but the informal policy…
Marine Liability Act – A summary of this wide-ranging consolidation statute
- October 18, 2009
- Brisset Bishop
The Marine Liability Act is largely a consolidation statute, collecting together statutory liability issues such as apportionment of liability, limitation of liability, civil liability for pollution, and liability for carriage of passengers. The various liability regimes under the act, and which incorporate…
Foreign Liens and Lien Clauses – A canvass of the current treatment in Canada
- October 17, 2009
- Brisset Bishop
Canadian and US courts follow a connecting factors analysis in deciding the law that governs contracts and liens and will give effect to a foreign lien once it is properly proved as fact according to the rules of evidence. Neither…