Canada: No Liability for Extended Detention

Monday, August 29, 2005
The Federal Court of Appeals (FCA) of Canada ruled that the government is not liable for the extended detention of a ship based on an allegedly negligent port state control (PSC) inspection. In the instant case, a Canadian PSC boarding officer determined after a somewhat cursory inspection that certain frames on the foreign ship were excessively wasted and must be replaced before the ship could depart port. The trial court determined that the detention was not in accordance with requirements of the SOLAS Convention and the Tokyo MOU. Damages were awarded in the amount of C$4,344,859.47, plus prejudgment interest in the amount of C$1,624,212.75. The Government of Canada appealed. The FCA ruled that the trial court did not grant sufficient deference to the decisions of the federal agency charged with administering the PSC program. While the period of detention of the ship (April 5-August 13, 1997) was found to be excessive, the FCA ruled that the actions of the agency were not so egregious as to justify payment of damages. Canada v. Berhad, 2005 FCA 267 (HK Law)
Maritime Reporter November 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Shipbuilding

Damen Outfitting First of Nine Bahamas Patrol Boats

The first of nine Damen Stan Patrol 3007s ordered by the Royal Bahamas Defense Force has arrived at Damen Shipyards Gorinchem in the Netherlands for outfitting.

Liquefaction Terminals to Dominate LNG Capital Expenditure

Capital expenditure (Capex) on global LNG facilities is expected to total $259 billion (bn) over the period 2015-2019, with investments expected to be 88% larger

New Chinese Shipyard Launches First Ship

The new shipyard facility of Honghua Offshore Oil & Gas Equipment Company in Jiangsu, China, has launched its first ship, an IMT982 Platform Supply Vessel. The vessel,

Maritime Security

Damen Outfitting First of Nine Bahamas Patrol Boats

The first of nine Damen Stan Patrol 3007s ordered by the Royal Bahamas Defense Force has arrived at Damen Shipyards Gorinchem in the Netherlands for outfitting.

USCG on Cuba Policy Changes

The U.S. Coast Guard missions and operations in the Southeast remain unchanged. The Coast Guard strongly discourages attempts to illegally enter the country by taking to the sea.

NASSCO Opens Bremerton Repair Facility

General Dynamics NASSCO celebrated the grand opening of its new location in Bremerton, Wash., yesterday. The facility will support the company’s recently-awarded contract to repair and maintain U.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Standards Naval Architecture Port Authority Salvage Ship Electronics Ship Repair Ship Simulators Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.2192 sec (5 req/sec)