After making headlines worldwide in March 2021 there’s been little discussion of Ever Given, the 399 meter long, 199,489 DWT container vessel of 20,388 TEU capacity that grounded in the Suez Canal and brought one of the world’s busiest maritime trade routes to a halt. The recent decision of the England and Wales Court of Appeal in The Ever … more »
British Columbia is set to undergo a significant transformation of its lien laws with the introduction of the Commercial Liens Act (the “CLA”). This legislation, which was passed in March 2022, aims to modernize the intricate world of commercial liens, providing much-needed clarity and consistency for both service providers and their clients. Notably, the CLA will replace several existing liens… more »
In early June of 2023, far away from the Canadian west coast, Bangladesh ratified the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (HKC), thereby making a decision that may impact how vessels will be recycled in Canada in the future. The HKC was developed over three and half years, with input from the International… more »
Historically, and to the present day, the polar regions have attracted intrepid explorers, travellers and commercial interests seeking fame, fortune, or the experience of the unique environments of
the Arctic and Antarctic regions. The challenges and dangers of polar travel are evidenced by the many failed historical expeditions such as the Franklin Expedition. More recently, the navigation of polar waters… more »
The dramatic Burns Lake sawmill fire and explosion in January 2012 was again in the news recently as British Columbia’s Criminal Justice Branch reported there would be no charges prosecuted against the mill owner because the way in which evidence was gathered after the fire would likely result in that evidence being inadmissible in court, and the defence of due… more »
A recent decision of the Federal Court of Canada, World Fuel Services Corporation v. The Ship “Nordems”, 2010 FC 332, released on March 25, 2010, is of interest for its analysis of a claim for a maritime lien relating to the supply of bunkers. Andrew Lau’s article in this space in September/October 2009 reviewed the recent amendments to the… more »
Earlier this year, 2017, the federal government introduced Bill C-55, An Act to Amend the Oceans Act and the Canadian Petroleum Resources Act. The proposed amendments include environmental protection provisions to allow the government to more quickly designate an area as a marine protected area. The amendments also significantly increase the level of fines, strengthen the enforcement provisions of the… more »
That 2003 case, Rough Bay Enterprises Ltd. v. Budden, was referred to in a recent court decision – not for its poetic merit – but on an insurance issue relating to another tug and tow casualty. The more recent decision, which is the subject of this article, is Lehigh Hanson Materials Limited v. the Ship “Sea Imp XI” and … more »
After some delay and following a lengthy consultation process, the federal government will begin taxing the sale of recreational luxury goods, including certain vehicles, aircraft and vessels, as of September 1st, 2022, under the Select Luxury Items Tax Act. Subject to a few exceptions, the new luxury tax will apply to the purchase of any pleasure vessels… more »
Trans-boundary pollution incidents on the Pacific Coast of the United States and Canada have illustrated the difficulties and sometimes unpredictable issues of a political, practical and social nature that can arise with an oil spill occurrence. The journal article was published in the 4th quarter 2013 in the Journal of Transportation Law, Logistics and Policy by the US Association… more »