Firm News

David K. Jones Successfully Defends Ship Owner at TATC Appeal

December 20th, 2012

On November 26, 2009 Transport Canada issued a Notice of Violation to a cruise ship for violations under the Canada Shipping Act, 2001 regarding the alleged discharge of a pollutant, failing to make entries in the oil record book, and obstructing inspectors.  The administrative penalties assessed for the alleged violations exceeded $45,000.

David K. Jones of Bernard LLP represented the ship owner and took the matter to review before the Transportation Appeal Tribunal of Canada  (TATC).  In a detailed set of reasons dated January 23, 2012, the TATC dismissed the alleged violations and penalties against the ship owner, concluding that Transport Canada had not proven the source of the discharge or the other offences.  See S.S. Oceanic (The) v. Canada (Minister of Transport), 2012 TATCE 5 (Review).

The Minister of Transport appealed the decision to the TATC.  David K. Jones represented the ship owner before the TATC Appeal Tribunal.  In a decision dated December 11, 2012, the Appeal Tribunal dismissed the Minister’s appeal by deciding that the Review Member was reasonable in finding that the Minister did not prove the alleged contravention of the Canada Shipping Act, 2001.  See S.S. Oceanic (The) v. Canada (Minister of Transport), 2012 TATCE 39 (Appeal).

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