LA COUR SUPREME ET LE DROIT MARITIME: LA MISE A L'ECART DU DROIT CIVIL QUEBECOIS EST-ELLE JUSTIFIABLE?
AbstractIn this article the authors discuss critically the recent decisions of the Supreme Court of Canada in ITO-International Terminal Operators Ltd v. Miida Electronics Inc. and Q.N.S. Paper -Co. Ltd v. Chartwell Shipping Ltd, which deal with the scope of the application of maritime law. They, analyze the constitutional approach adopted by the Supreme Court. They agree, that, the court was correct in deciding that maritime law applies in the following two situations: the theft of goods in storage at a port, and the stevedoring contracts entered into by an agent. Nonetheless, they strongly criticize the reasons given by the court for introducing English law into Canadian maritime law. In the absence of federal legislation concerning the two situations referred to above, the authors are of the opinion that one ought to draw on the principles of civil law in the case of litigation-arising in Quebec.
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