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Peracomo Inc V TELUS Communications Co
is a decision of the Supreme Court of Canada concerning the law of marine insurance, which also has international impact. Background In 1999, QuébecTel (subsequently acquired by Telus), in conjunction with Hydro-Québec, laid two fibre optic cables across the Saint Lawrence River: :* Sunoque I, from Point-au-Père to Baie-Comeau, and :* Sunoque II, from Le Bic to Forrestville. In June 2006, Réal Vallée, a local fisherman engaged in snow crab and whelk fishing aboard the catamaran ''Realice'', had strung a series of cages on the river bottom, secured at both ends by small anchors attached to buoys. One of these anchors got snagged onto the cable. The anchor with the cable attached was hauled out of the water, and Vallée freed it by cutting the cable with an electric saw. Several days later, the same thing happened and he cut the cable again. He had done so, believing that the cable had been abandoned (according to a handwritten note on a map he had seen at a local mu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention On Limitation Of Liability For Maritime Claims
The Convention on Limitation of Liability for Maritime Claims is an IMO treaty that was concluded in London in November 1976. It entered into force in 1986 and superseded the 1957 Brussels Convention of the same name. As of October 2016, 54 states are party to the convention. Chapter 1 Chapter 1 of the Convention is the Right of Limitation. Chapter 1 of the 1976 Limitation Convention for Maritime Claims includes: *Article 1: Persons entitled to limit liability, *Article 2: Claims subject to limitation, *Article 3: Claims excepted from limitation, *Article 4: Conduct barring limitation and *Article 5: Counterclaims. The following will discuss two major issues: Article 1: Persons entitled to limit liability and Article 2: Claims subject to limitation, on the problems faced by the previous 1957 Convention and the reason of the improvement made. Article 1: Persons entitled to limit liability The 1957 Brussels Convention stated the provisions of the convention will apply to the chart ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fisheries And Oceans Canada
Fisheries and Oceans Canada (DFO; french: Pêches et Océans Canada, MPO), is a department of the Government of Canada that is responsible for developing and implementing policies and programs in support of Canada's economic, ecological and scientific interests in oceans and inland waters. Its mandate includes responsibility for the conservation and sustainable use of Canada's fisheries resources while continuing to provide safe, effective and environmentally sound marine services that are responsive to the needs of Canadians in a global economy. The federal government is constitutionally mandated for conservation and protection of fisheries resources in all Canadian fisheries waters. However, the department is largely focused on the conservation and allotment of harvests of salt water fisheries on the Atlantic, Pacific and Arctic coasts of Canada. The department works toward conservation and protection of inland freshwater fisheries, such as on the Great Lakes and Lake Winni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Damage
Property damage (or cf. criminal damage in England and Wales) is damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or act of nature. It is similar to vandalism and arson (destroying property with fire), property damage includes vandalizing property that people own, while causing more physical damage and high costs. It can also be a synonym or term under these categories. Sub types of property damage are malicious destruction of property (sometimes called destruction of property or simply destruction) which is towards real property, and damage to property is towards tangible personal property. See also *Criminal mischief *Criminal damage in English law *Arson *Vandalism Vandalism is the action involving deliberate destruction of or damage to public or private property. The term includes property damage, such as graffiti and defacement directed towards any property without permission of the owner. The term f ... Refe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maritime Chart
A nautical chart is a graphic representation of a sea area and adjacent coastal regions. Depending on the scale of the chart, it may show depths of water and heights of land (topographic map), natural features of the seabed, details of the coastline, navigational hazards, locations of natural and human-made aids to navigation, information on tides and currents, local details of the Earth's magnetic field, and human-made structures such as harbours, buildings, and bridges. Nautical charts are essential tools for marine navigation; many countries require vessels, especially commercial ships, to carry them. Nautical charting may take the form of charts printed on paper (raster navigational charts) or computerized electronic navigational charts. Recent technologies have made available paper charts which are printed "on demand" with cartographic data that has been downloaded to the commercial printing company as recently as the night before printing. With each daily download, critica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vicarious Liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, ''respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the ''respondeat superior'' doctrine, for negligent acts or omission ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. Deve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joint And Several Liability
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: * jointly liable, or * severally liable, or * jointly and severally liable. Joint liability If parties have joint liability, then they are each liable up to the full amount of the relevant obligation. So if a married couple takes a loan from a bank, the loan agreement will normally provide that they are to be "jointly liable" for the full amount. If one party dies, disappears, or is declared bankrupt, the other individual remains fully liable. Accordingly, the bank may sue all living co-promisors for the full amount. However, in suing, the creditor has only one cause of action; i.e., the creditor can sue for each debt only once. If, for example, there are three partners, and the creditor sues all of them for the outstanding loan amount and one of them pays the liability, the creditor cannot recover further amounts from the partners who did not contribute to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Québecor
Quebecor Inc. is a Canadian diversified media and telecommunications company serving Québec based in Montreal. It was spelled Quebecor in both English and French until May 2012, when shareholders voted to add the acute accent, Québecor, in French only. The company was founded in 1965 by Pierre Péladeau and remains run by his family. Quebecor Inc. owns Quebecor Media and formerly owned the printing company Quebecor World. Assets Telecommunications *Vidéotron **illico TV (channel 900) **illico.tv **Club illico (Video on demand#Subscription models, SVOD service) **Vrai (unscripted SVOD service) **illico app **Canal Indigo (pay-per-view and Video on demand#Near video on demand, NVOD channel; bilingual with English- and French-language services) **Fizz (internet and cellular provider) **Vidéotron Business ***Fibrenoire **MAtv (community channels) **Helix (internet and IPTV provider) **Le SuperClub Vidéotron (Video rental shop, video rental chain) ***Microplay (video game reta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
RSA Insurance Group
RSA Insurance Group Limited (doing business as, trading as RSA, formerly RSA Insurance Group plc and Royal and Sun Alliance) is a British Multinational corporation, multinational general insurance company headquartered in London, England. RSA has major operations in the United Kingdom, Ireland, Scandinavia & Canada. It provides insurance products and services in more than 100 countries through a network of local partners. It has 9 million customers. RSA was formed by the merger of Sun Alliance (company), Sun Alliance and Royal Insurance in 1996. RSA was listed on the London Stock Exchange until it was acquired by Danish insurer Tryg and Canada's Intact Financial, Intact Financial Corporation in May 2021. The transaction closed on 1 June 2021. History RSA was formed by the merger of Sun Alliance (company), Sun Alliance and Royal Insurance in 1996. On 4 February 2014, it was announced that Stephen Hester, former CEO of The Royal Bank of Scotland Group, RBS Group would become CEO ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Rem
''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have ''in personam'' jurisdiction. Jurisdiction ''in rem'' assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property. United States Within the U.S. federal court system, jurisdiction ''in rem'' typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel. Within the American state court systems, jurisdiction ''in rem'' may refer to the power the state court may exer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Personam
''In personam'' is a Latin phrase meaning "against a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint (E&W known as Particulars of Claim (CPR 1999) to give the court jurisdiction to try the case, and the judgment applies to that person and is called an "in personam judgment". In personam is distinguished from ''in rem'', which applies to property or "all the world" instead of a specific person. This technical distinction is important to determine where to file a lawsuit and how to serve a defendant. ''In personam'' means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property (''in rem'') then the action must be filed where the property exists and is only enforceable there. See also *Personal jurisdiction *''quasi in rem'' *''in rem'' *''sui iuris ''Sui iuris'' ( or ) also spelled ''sui juris'', is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
