MARITIME LAW
Torts
Appeal from Federal Court decision (2004 FC 501) allowing action for damages for negligence due to detention, delay of ship for allegedly unnecessary repairs—Wrong legal regime applied to determination of legality, legitimacy of inspection, detention of ship—Review of inspectors’ decision as to safety of ship and Chairman of the Board of Steamship Inspection’s decision to conditionally release ship subject to standard of review determined by applying pragmatic, functional approach—Trial Judge not applying such approach; erred in rejecting, ignoring admissible evidence—Facts, evidence not supporting finding of negligence—Appeal allowed.
Berhad v. Canada (A‑237‑04, 2005 FCA 267, Létourneau J.A., judgment dated 4/8/05, 83 pp.)
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