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 daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Small claims court judges have little sway on anti-SLAPP cases

Davies' Kearney joins National Cannabis Working Group

Orlando Da Silva named chief administrator of ATSSC

Competition bureau to give lawyers more warning on deal reviews

Court fines concrete company $130,000 for worker’s death

OPSEU shows solidarity with injured workers’ groups over aid cuts

Most Read Articles

Court ruling could change law for spouses who co-own house

Audio tracks of lawyer-client chats accidentally exposed

Pressure mounts on MAG as more decry legal aid cuts

Province probing family law legislation