Eric R. Murray

These appeals arose from two Ontario boating accidents involving deaths and serious injuries, and required the Court to determine the scope of Canadian maritime law, the constitutional applicability of provincial statutes in maritime negligence actions, and the proper limitation period for fatal accident claims.

The Court held that provincial superior courts have concurrent jurisdiction with the Federal Court over dependants’ maritime fatal accident claims under the Canada Shipping Act.

It established a four-part framework for assessing whether provincial statutes may apply in maritime negligence cases, emphasizing the core federal nature and required uniformity of maritime negligence law.

The Court judicially reformed Canadian maritime law to permit claims for loss of guidance, care and companionship and survival claims by estates, but held siblings could not qualify as dependants.

It further held that maritime collision claims were governed by the two-year limitation period in s. 572(1) of the Canada Shipping Act, and dismissed the appeals and cross-appeals with costs.

The appellant bank, acting on behalf of unsecured creditors, challenged the realization of assets by the respondent under an unregistered debenture.

The respondent had appointed a receiver and sold the debtor's assets to a related company to satisfy its debt.

The Supreme Court of Canada held that under section 2(1) of The Corporation Securities Registration Act, an unregistered debenture is void as against other creditors, not merely voidable.

Consequently, the respondent could not rely on the unregistered debenture to gain priority, and the proceeds of the sale were to be distributed among all unsecured creditors.