New Federal Court Rules on Experts
- August 18, 2010
- Brisset Bishop
New Rules, published August 18, 2010, now apply in relation to the use of experts in Federal Court. The new rules apply to cases already underway, as well as to future cases. Broadly speaking, the revisions are intended to ensure…
Syncrude guilty of federal and provincial environmental offences
- June 29, 2010
- Brisset Bishop
Overlapping legislation and the possibility of duplicated environment-related charges remains a concern. Tar sands operator Syncrude has been found guilty of environmental offences brought under Alberta’s general environmental legislation, as well as under the Federal Migratory Birds Convention Act. In…
Northern Canada Vessel Traffic Services (NORDREG) Reporting Requirements in Effect July 1st, 2010 Mandatory reporting scheme for northern waters
- June 23, 2010
- Brisset Bishop
The federal government yesterday announced that mandatory vessel reporting requirements for the Northern Canada Vessel Traffic Services (NORDREG) Zone will be in effect beginning July 1st, 2010. The relevant regulation has been published today in the Canada Gazette, Part II….
The Florence M v. Canada (Minister of Transport) 2009 TATCE 34, December 18, 2009 Appeal decision in AMP case provides sentencing guidance in maritime pollution setting
- February 12, 2010
- Brisset Bishop
Administrative Monetary Penalties (AMP’s) entered the lexicon with the relatively recent (April 3rd, 2008) Administrative Monetary Penalties Regulations (AMPR) made under the Canada Shipping Act, 2001 (CSA). AMP’s refer to the violation procedure by which certain contraventions of the CSA may…
New Summary Judgment and Trial Rules in Federal Court
- January 6, 2010
- Brisset Bishop
New Federal Court rules concerning summary judgment and summary trial were brought into force on December 10th, 2009 (Gazetted December 23rd, 2009). The new rules are designed to expand the possibility for expedited determinations in all kinds of cases falling…
Criminalization of Seafarers – Pilot Acquittal in Collision Case Upheld on Appeal
- November 27, 2009
- Brisset Bishop
An appeal judgment of November 23rd, 2009, has upheld the acquittal of a pilot charged criminally with breaching the Collision Regulations. In August of 2004, the containership CANADA SENATOR collided with the ketch MONDISY in the St. Lawrence River near…
Pollution – Criminal Sanctions and Overlapping – A brief of the relevant statutes, including overlapping issue
- November 12, 2009
- Brisset Bishop
In Canada there has been an apparent overlapping of federal legislation relating to penal sanctions for ship-source pollution. This has been due to interdepartmental rivalry, as there are three federal government departments involved: the Department of Transport (Transport Canada), the…
Security for Claims and Points on Arrest and Release – A short explanation of security requirements in Canada and related arrest and release issues
- October 23, 2009
- Brisset Bishop
Security for claims is generally agreed informally. Club letters of undertaking are generally, but not always, accepted. Security is normally granted for 150% of the value of the claim to cover uplift for interest and costs, subject to the value…
Pay to be Paid – A note on the status of the well-known insurance clause in Canada
- October 22, 2009
- Brisset Bishop
The position in Canada that contracts are to be enforced in accordance with their terms was reinforced by the Federal Court of Appeal in Conohan et al v. The Cooperators, in which the court upheld the insurer’s right to refuse…
Sister-ship Arrest – An outline of Canadian sister-ship arrest rules
- October 21, 2009
- Brisset Bishop
There is a right to sister-ship arrest under section 43 (8) of the Federal Courts Act against any ship that, at the time the action is brought, is beneficially owned by the person who is the owner of the ship that…