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Results: 1-10 of 15

Gone fishin’

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 29 2012

The Federal Court of Appeal decision in Peracomo Inc. v. Société Telus Communications (June 29, 2012) provided Canadian courts with the first opportunity to consider the application of Article 4 of the Convention on the Limitation of Maritime Claims 1976, concerning the loss of the right to limit liability because of the defendants’ “personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.”

The warranties in your marine insurance policy may no longer matter

  • Piper Alderman
  • -
  • Australia, Canada, Hong Kong, United Kingdom
  • -
  • May 10 2012

Marine insurers often ask their insureds to warrant certain things are true before issuing a policy

Covenants to insure: not tort immunity with impunity

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • February 9 2012

JJM Construction Ltd. (“JJM”) and Lafarge Canada Inc. (“Lafarge”) entered into a series of agreements (referred to in maritime nomenclature as charter parties) for the use of four large hopper barges owned by JJM

Cutting a submarine cable can cost you, your vessel and your insurance protection

  • Squire Sanders
  • -
  • Canada
  • -
  • January 27 2012

The decision of the Canadian court in Société Telus Communications v. Peracomo Inc. breaks new ground in cases involving faults to submarine cables and in the general international maritime law

Vicarious liability in the context of leased and rented automobiles

  • Blaney McMurtry LLP
  • -
  • Canada
  • -
  • January 19 2012

On March 1, 2006 the amendments to the Insurance Act (“IA”), the Highway Traffic Act (“HTA”) and the Compulsory Automobile Insurance Act (“CAIA”), which reformed the rules for vicarious liability with respect to leased and rented automobiles, came into force

Cable-cutting “a very stupid thing”

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 17 2011

Marine Insurers may wish to take note of the conditions under which a crab fisherman was found liable, and uninsured, for an act of property damage

Federal Court enjoins Ontario proceedings in limitation action

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 17 2011

A loading catastrophe raises considerable questions in terms of governing legislation, jurisdiction, and potential liability limitations

Is a charterparty a contract for carriage of goods by water?

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • November 17 2011

Companhia Siderurgica Paulista (COSIPA), BLG’s client, concluded a Gencon-form voyage charterparty with Fednav (disponent owner of the defendant vessel), for the carriage of steel coils from Brazil to the U.S.A. and Canada

Newfoundland statute no bar to lawsuits by fishermen’s widows

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • November 17 2011

A 2011 case involving wrongful death compensation for deceased fisheries workers in Atlantic Canada revealed an interesting conflict in governing legislation that should be noted by the maritime industry

Case v. Coseco Insurance Co

  • Harper Grey LLP
  • -
  • Canada
  • -
  • September 13 2011

Insurer of a bus operator was required to indemnify its insured for any amounts found to be owing to the plaintiffs as a result of its vicarious liability for an employee who had possession of a bus with consent, but who was not authorized to operate the bus at the time it was involved in an accident