All conditions were part of scheme that had ultimate objective to ensure safety

Maritime and admiralty law | Pilots and pilotage authorities | Pilotage authorities

Case involved marine transportation on St. Lawrence River and legislative framework governing marine transportation . Laurentian Pilotage Authority (authority) assigned two pilots to pilot post-Panamax ship from Trois-Rivières to Montreal and significant part of voyage would take place during night . Applicant notified authority that ship could not travel at night and pilots anchored ship overnight Authority suspended pilotage licences of two captains under s. 27 of Pilotage Act . Issue arose as to whether authority could reasonably use disciplinary power conferred under Act to discipline pilots in situation where pilots refuse to provide their services without endangering navigation safety . Applicant successfully brought application for judicial review . Authority appealed. Appeal dismissed. Judge correctly dismissed authority’s argument that s. 27 of Act went well beyond simple security conditions and was aimed at unacceptable conduct. Authority’s sanction powers when acting within framework of pilot services were more extensive than those which it exercised under ss. 27-29 of Act, which could be treated as disciplinary in order to maintain safety and public protection. While certain reasons for suspension appear at first glance to have more tenuous link with navigation safety, judge correctly pointed out that all conditions were part of scheme that had ultimate objective to ensure safety . When acting as employer or in context of contractual relationship which was linked to applicant, authority could not be judge and party but rather it must rely on third party to resolve disputes that may arise in provision of such services.

Administration de pilotage des Laurentides c. Corporation des pilotes du Saint-Laurent Central Inc. (2019), 2019 CarswellNat 1232, 2019 CAF 83, Richard Boivin J.A., Yves de Montigny J.A., and Marianne Rivoalen J.A. (F.C.A.); affirmed (2018), 2018 CarswellNat 1159, 2018 CarswellNat 1747, 2018 FC 333, 2018 CF 333, Sébastien Grammond J. (F.C.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

How lawyers brought down internet trolls — without ever uncovering their identities

Ontario’s house-poor homeowners could be tempted by fraud and real estate lawyers are on high alert

After viral video, lawyers confirm: Yes, there is a rule against walking across the highway

Insured died before signing settlement agreement — so is it enforceable?

Social media, publicity adds pressure for cash-strapped litigants

Norton Rose Fulbright launches legal tech platform to build bespoke business apps

Most Read Articles

Could lawyers’ conduct widen rift with medical evaluators?

New trial ordered for expelled members of Ethiopian Orthodox Church

Insured died before signing settlement agreement — so is it enforceable?

After viral video, lawyers confirm: Yes, there is a rule against walking across the highway