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The Federal Court held that limitation-period findings under the Marine Liability Act are reviewable on appeal and upheld the disallowance of both SOPF claims.
The court dismissed a plaintiff's application to strike a jury notice in a marine insurance dispute, finding the issues were manageable and not disproportionate for a jury.
The court qualified Captain Phillip Nelson as an expert on Port State Control records and held that the database printouts were admissible under s. 30 of the Canada Evidence Act.
The Federal Court allowed COSIPA’s appeal, set aside a prothonotary’s stay refusal, and stayed the third party claims pending New York arbitration.
The court held that item 7300 of the MLU Contract did not require a survey of the governor linkage nut and pin, and PMC’s subcontract did not either.
The court approved a $200,000 settlement for two infant plaintiffs in a wrongful death ferry action, and approved the related legal fees and disbursements.
The HRM Land Use By-law, insofar as it regulates the height and use of accessory buildings on private land, is in pith and substance a land use and property regulation within provincial jurisdiction under s.92; it does not intrude on federal navigation and shipping powers and there is no conflicting federal regulation, therefore the By-law is intra vires and the application is dismissed.
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The court allowed a limited inspection of marine engines under Rule 30(4), but required the plaintiffs to post $12,000 security because removal would end the defendant’s possessory lien.
The Court dismissed the appeal and upheld the Chambers judge: in determining duty to defend the court is confined to the plaintiff’s statement of claim and extrinsic material explicitly referred to therein; on a reasonable reading of Waterworks’ statement of claim and the contract terms incorporated therein, and having regard to statutory and common-law obligations governing navigable waters, it was a realistic possibility that the sunken caisson caused physical damage to the waterway for which Waterworks was obliged to remedy, thus potentially falling within the policy’s property damage cove…
Source excerpt
The Federal Court refused to strike a claim seeking to enforce a registered arbitration award against related shipping companies and their principal, holding jurisdiction was arguable.
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