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HTMLLF Centennial Pte. Ltd. v TRLU7228664 et al (Containers), 2015 FC 214
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 11, 2016, previously published on December 10, 2015
The plaintiff, LF Centennial PTE Ltd. ("Centennial"), was a Singaporean company that had acted as the buying agent for Mexx Canada Company ("Mexx"). On December 3, 2014, Mexx filed a Notice of Intention to Make a Proposal ("NOI") with the Official Receiver and...

 

HTMLInternational Code for Ships Operating In Polar Waters (The "Polar Code")
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 11, 2016, previously published on December 10, 2015
The IMO's Marine Environment Protection Committee (the "MEPC") adopted the environmental requirements of the Polar Code in May 2015. The MEPC also adopted amendments to the International Convention for the Prevention of Pollution from Ships ("MARPOL"), to which Canada is a...

 

HTMLTalley’s Insurance Tip of the Month
Talley H-S Kovacs; Pessin Katz Law, P.A.;
Legal Alert/Article
January 11, 2016, previously published on December 10, 2015
Talley’s tip: If so, take a second or third look at your contracts to make sure that you are getting the appropriate level of indemnity from your business partners for liability that might arise out of your joint endeavors.

 

HTMLNairobi International Convention on the Removal of Wrecks
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
In June 2015, Transport Canada released a discussion paper (the "2015 Discussion Paper") regarding the possible development of a regulatory regime to comprehensively address the hazards associated with shipwrecks, including the potential Canadian adoption of the Nairobi International...

 

HTMLAmendments to Schedule 1 to the Marine Liability Act
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
The Regulations Amending Schedule 1 to the Marine Liability Act, SOR/2015-98 came into force on June 8, 2015. The amendments increase the general limits of liability for shipowners' claims under Schedule 1 of the Marine Liability Act, SC 2001, c 6 (the "MLA") by approximately 50%. The...

 

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...

 

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,...

 

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.

 

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.

 


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