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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...

 

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...

 

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...

 

HTMLWorld-Class Tanker Safety System
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
In April 2015, the Tanker Safety Expert Panel (the "Panel") released Phase II of their report, "A Review of Canada's Ship-source Spill Preparedness and Response: Setting the Course for the Future, Phase II — Requirements for the Arctic and for Hazardous and Noxious Substances...

 

HTMLBill C-22 — The Energy Safety and Security Act (the "ESSA")
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
The ESSA, which relates to Canada's offshore regime for oil and gas exploration and operations in the North and Atlantic regions, received Royal Assent in early 2015. The majority of the provisions affecting the off-shore oil and gas industry will come into force on or before February 26, 2016. The...

 

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...

 

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.

 

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,...

 


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