Criminalization of Seafarers – Pilot Acquittal in Collision Case Upheld on Appeal
- November 27, 2009
- Brisset Bishop
An appeal judgment of November 23rd, 2009, has upheld the acquittal of a pilot charged criminally with breaching the Collision Regulations. In August of 2004, the containership CANADA SENATOR collided with the ketch MONDISY in the St. Lawrence River near…
Pollution – Criminal Sanctions and Overlapping – A brief of the relevant statutes, including overlapping issue
- November 12, 2009
- Brisset Bishop
In Canada there has been an apparent overlapping of federal legislation relating to penal sanctions for ship-source pollution. This has been due to interdepartmental rivalry, as there are three federal government departments involved: the Department of Transport (Transport Canada), the…
Canadian Maritime Law Update 001 through 008 combined
- November 2, 2009
- Brisset Bishop
ASPECTS OF ARREST OF VESSELS IN CANADA 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…
Security for Claims and Points on Arrest and Release – A short explanation of security requirements in Canada and related arrest and release issues
- October 23, 2009
- Brisset Bishop
Security for claims is generally agreed informally. Club letters of undertaking are generally, but not always, accepted. Security is normally granted for 150% of the value of the claim to cover uplift for interest and costs, subject to the value…
Pay to be Paid – A note on the status of the well-known insurance clause in Canada
- October 22, 2009
- Brisset Bishop
The position in Canada that contracts are to be enforced in accordance with their terms was reinforced by the Federal Court of Appeal in Conohan et al v. The Cooperators, in which the court upheld the insurer’s right to refuse…
Sister-ship Arrest – An outline of Canadian sister-ship arrest rules
- October 21, 2009
- Brisset Bishop
There is a right to sister-ship arrest under section 43 (8) of the Federal Courts Act against any ship that, at the time the action is brought, is beneficially owned by the person who is the owner of the ship that…
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…