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HTMLArea Response Planning ("ARP")
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
On July 7, 2015, the former Minister of Transport announced the launch of the ARP pilot project. The ARP is one of the Government of Canada's measures under the World-Class Tanker Safety System and was developed in response to the Panel's Phase I report.

 

HTMLSnow Valley Marine Services Ltd. v Seaspan Commodore (Tug), 2015 FC 304
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
Causation can often be a contentious issue, particularly where multiple parties are involved in an incident causing loss. This decision stemmed from the sinking of an assist tug, the Warnoc, while it was providing assistance to the defendant vessel, the "Seaspan Survivor." The plaintiff...

 

HTMLSave Halkett Bay Marine Park Society v Canada (Environment), 2015 FC 302
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
This case involved an application for judicial review of an Environment Canada decision authorizing the sinking of the decommissioned HMCS Annapolis (the "Annapolis") brought by the Save Halkett Bay Marine Park Society (the "Society").

 

HTMLPêcheries Guy Laflamme Inc. v Capitaines propriétaires de la Gaspésie (A.C.P.G) Inc., 2015 FCA 78
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
Readers of previous editions are likely to be familiar with the facts in Pêcheries Guy Laflamme Inc. v Capitaines propriétaires de la Gaspésie (A.C.P.G) Inc., 2015 FCA 78. This case arose from an accident during the launch of a fishing boat where a mechanical problem had...

 

HTMLAquavita International S.A. v Pantelis (The), 2015 FC 180
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
In this decision, the Federal Court interpreted its jurisdiction over maritime law to include redelivery of a vessel with excessive bunkers. The plaintiff Aquavita International S.A. ("Aquavita"), the sub-sub-time charterer of the defendant vessel, the M/V "Pantelis," alleged...

 

HTMLWhat is the Meaning of.....
Pessin Katz Law P.A.;
Legal Alert/Article
January 8, 2016, previously published on December 9, 2015
In Rigby v Allstate Indemnity Company, (Maryland Court of Special Appeals, No. 0263, September 30, 2015, Krauser, C.J.) the intermediate appellate court (the “Court”) was called upon to decide a case of first impression in Maryland. The Court held that under the facts of the case a...

 

HTMLSt. Paul Fire & Marine Insurance Company c Valley, 2015 QCCQ 1891
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
In Canadian maritime law, some provincial superior courts and the Federal Court have concurrent jurisdiction. This case is an example of how the courts may tackle the question of which court has jurisdiction over a particular dispute.

 

HTMLFederal Moratorium on British Columbia Crude Oil Tanker Traffic
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
On November 13, 2015, Prime Minister Trudeau instructed the Minister of Transport, the Honourable Marc Garneau to "formalize a moratorium on crude oil tanker traffic on British Columbia's North Coast, working in collaboration with the Minister of Fisheries, Oceans and the Canadian Coast Guard,...

 

HTMLChevron Corp. v Yaiguaje, 2015 SCC 42
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
The underlying dispute in this case was alleged environmental pollution in the Lago Agrio region of Ecuador, an oil-rich area that has a long history of oil exploration and extraction. For over 20 years, a group of indigenous Ecuadorian villagers (the "Plaintiffs") have been seeking legal...

 

HTMLFingad Shipping Ltd. v Ningbo Arts & Crafts Imp & Exp. Co. Ltd., 2015 FC 851
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
The plaintiffs in this case had entered into a contract with the corporate defendants for the construction of the defendant vessel, the "Chemical Aquarius." There was a dispute between the parties and the plaintiffs cancelled the contract in 2010. In June 2012, the Chemical Aquarius was...

 


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