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Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern:
Admiralty – Practice – Aeronautics – Civil Rights – Damages

Westshore Terminals Limited Partnership et al. v. Leo Ocean S.A. et al. 2014 FCA 231
Admiralty
Summary: A vessel owned by Leo Ocean S.A. hit a marine terminal trestle owned by the plaintiffs, causing a loss estimated to be in excess of $60 million. The plaintiffs commenced an action against Leo Ocean S.A., the vessel et al. (the defendants) and obtained a warrant for the arrest of the vessel. The parties negotiated the amount of security. The plaintiffs moved for a determination of whether the parties had a binding agreement whereby the plaintiffs agreed to …

Vance v. Cartwright 2014 BCCA 362
Practice
Summary: Vance was injured when the unlicensed motorized dirt bike he was riding collided with a vehicle driven by Cartwright. Vance sued for damages. The British Columbia Supreme Court, in a decision reported [2013] B.C.T.C. Uned. 2120, dismissed the action, finding that Vance (the plaintiff) was solely at fault. Vance appealed. At issue was whether the judge wrongly attached significance to an apology Vance made to Cartwright in absolving her of liability for his injuries, contrary to the provisions …

Thibodeau v. Air Canada 2014 SCC 67
Aeronautics – Civil Rights – Damages
Summary: Air Canada failed to provide services in French on some international flights as it was obliged to do under the Official Languages Act (Can.) (OLA). Two passengers, the Thibodeaus, applied for damages (incl. punitive damages) and for orders, referred to as “structural” or “institutional” orders, requiring Air Canada to take steps in order to ensure future compliance with the OLA. Air Canada argued that damages for breach of the OLA were not permitted under the …

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