Canadian Marine Bankruptcy

  • November 20, 2018
  • David Colford

For corporate debtors in most industries, Canadian bankruptcy law is simple – either seek reorganization under the Company Creditors Arrangement Act or file for formal bankruptcy by making a proposal to creditors. Once protection is granted and a Monitor or…

Limitation of Liability – April 2018

  • April 30, 2018
  • David Colford

This paper, by the Hon. Justice Elizabeth Heneghan of the Federal Court of Canada and David Colford of Brisset Bishop, describes the current limitation of liability regime in Canada.  See Limitation-of-Liability-Canada-April2018 and the separate Appendix to Limitation of Liability paper April…

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…

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…

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