Lloyd's Maritime and Commercial Law Quarterly
CANADIAN MARITIME LAW
Christopher J Giaschi*
ANNUAL SURVEY
Admiralty practice cases of interest include: Roynat Inc v Phoenix Sun Shipping Inc §36, where the Ontario Superior Court referred applications concerning the sale of a ship to the Federal Court; 0871768 BC Ltd v The Ship Aestival §18, where it was held that an in rem action was available whenever damage was done by those in charge of a ship with the ship as the instrument; DHL Global Forwarding (Canada) Inc v CMA-CGM SA §26, where a jurisdiction clause in a bill of lading was enforced against the shipper’s agent; Woodbury v Woodbury § 39, where liability issues were severed from damages issues in a personal injury action; Hagedorn v The Helios §28, where a Prothonotary’s order respecting privileged documents was held not to be discretionary; and Cameco Corp v The MCP Altona (No 2) § 24, where a party was ordered to pay the costs of a priorities hearing.
Jurisdiction and Canadian maritime law cases include Marine Services International Ltd v Ryan Estate § 30, where the Supreme Court of Canada held that the bar to litigation in a workers compensation statute was constitutionally valid and applicable to fatal injuries involving crew of a vessel. In so doing the Supreme Court has clarified the constitutional analysis required when dealing with Canadian maritime law and expanded the opportunities for provincial statutes to apply to maritime law matters. Other notable cases include: SDV Logiostiques (Canada) Inc v Dieselgenset Type 8M 25, Engine No 45085 EX the Barge Andrea §37, where the court held that it had no jurisdiction to sell property that was not located in Canada; and Alberta v Toney §20, where the Federal Court of Appeal held that the Federal Court had no in personam jurisdiction over the Province of Alberta. Also noteworthy is 9171-7702 Quebec Inc v Canada §19, where the court held that the sale of a vessel in Quebec was governed by the Quebec Civil Code.
On carriage of goods, the Federal Court of Appeal held in The Mercury XII v The MLT-3 §31 that the hire of a tug and barge was not a contract of carriage to which the Hague-Visby Rules applied. And, in the area of collisions and limitation of liability, in Grieg Shipping A/S v The Dubai Fortune and Fortune Marine Ltd §27 the Federal Court of Appeal confirmed the trial judgment that, in the circumstances, the vessel was not vicariously liable for the negligent acts of the master of the tug. Then, in Byatt International SA v Canworld Shipping Co Ltd §21 the British Columbia Court of Appeal confirmed the shipowner’s right to direct the payment of sub-freights to itself.
Notable cases in the field of liens, mortgages and priorities include: Worldspan Marine Inc v Caterpillar Financial Services § 40, where the British Columbia Supreme Court held
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