Lloyd's Maritime and Commercial Law Quarterly

Canadian Maritime Law

William Tetley *


19. British Columbia Ferry Services Inc v. Canada Transportation Accident Investigation & Safety Board (“TSB”)1

Collision—TSB investigation—refusal to release retrieved data
An ECS (electronic chart system) was recovered from the sunken ferry Queen of the North by the TSB (Transportation Safety Board) and data from the ECS was provided to the ferry owner (BC Ferry Services Inc) under a special agreement permitting the ferry owner to use the data only for its reply to the TSB report. The ferry owner then requested the right to use the data for other purposes, not detrimental to the TSB, but the TSB refused. An application was then made to the BC Court of Appeal.
Decision: The application was unanimously denied.
Held: The ferry owner had originally chosen to obtain the data by an agreement rather than by pursuing “a s 20(2) application” (under the Canadian Transportation Accident Investigation and Safety Board Act 1989). The agreement therefore governed and should be enforced.
Per Hall J: There are also “strong public policy reasons for affording confidentiality to activities of the respondent to facilitate effective investigation of transport accidents”.

20. Canadian Pacific Ry Co v. Boutique Jacob Inc2

International multimodal transport—lack of international multimodal Convention

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.