Boat Builders Beware: “Construction” of Foreign Vessels & Maritime Liens
Canadian boat builders beware, if you are involved in the construction of a foreign vessel in Canada, you do not have the protection of a maritime lien for the unpaid value of your goods and services....
View Article“A Very Stupid Thing” – A Mariner’s Limit of Liability and How it Can be Broken
“[He] is a good man; a decent man; an honest man – a fisherman. However he did a very stupid thing. He cut the plaintiffs’ submarine fibre optic cable in two. It cost them almost $1,000,000 to repair...
View ArticleTofino Marine Adventure Tourism Incidents
Marine “Adventure Tourism” Incidents – A Leviathan in Uncharted Waters The recent tragic capsizing of the Leviathan II, a whale watch vessel, sadly highlights one of the most uncharted areas of...
View ArticleSeverance Pay and Marine Employee’s Right to Arrest their Employer’s Vessel
Employees who are owed wages for working on a vessel hold a uniquely powerful position in their claims for severance because severance claims give rise to a maritime lien. A maritime lien is a special...
View ArticleZombie Ships – the Perils of Failing to Neutralize Your Vessel Ownership
Captain Black decided to sell his tug and barge to a fellow from up the coast who wanted to start a dock building business. His wife and warmer weather begged for Black’s attention. Black signed the...
View ArticleIs an Apology an Admission of Fault?
For Landlubbers No, for Mariners Perhaps In February of 2001, while conducting a demonstration for civilian observers nine miles off the Hawiian island of Oahu, the U.S. nuclear submarine Greeneville...
View ArticleEstimates and Quotes – How Flexible or Binding are they?
Quotes and Estimates – Important to Know the Difference It is common in marine industry, where vessels and equipment are continuously under repair or replacement, for the question to arise: is the...
View ArticleThe Collision Regulations (ColRegs): Guidelines, or actual rules?
Clearly the Collision Regulations under the Canada Shipping Act 2001 (the “ColRegs”) serve an important purpose in promoting the safe navigation of vessels in international, coastal and non-coastal...
View ArticlePrivate Mooring Buoys and Anchorages – How is the Wild West to be Regulated?
In 2015, BC’s highest court confirmed that the constitutional right to secure a vessel by buoy or anchor is limited to a “reasonable time, for a reasonable purpose”. This decision, and the application...
View ArticleThe Sinking of the Leviathan II – the Safety Board Reports
On June 14, 2017, The Transportation Safety Board released its findings into the October 2015 capsizing of the Leviathan II, near Tofinao, BC. The Leviathan II was nearly 20 meters long (65 foot)...
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Criminal Negligence in the Workplace: Marine Employment Lessons
For the first time in B.C. history, the government has charged an employer with criminal negligence causing the death of an employee. Although the facts of the case do not involve the death of a...
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Marine Accident: Collision Regulations in Canada
Clearly the Collision Regulations (ColRegs) under the Canada Shipping Act 2001 serve an important purpose in promoting the safe navigation of vessels in international, coastal and non-coastal waters....
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