Abstract
The Supreme Court of Canada in a judgment which could be ‘lourde de conséquences’ decided that marine insurance was part of ‘maritime law’ and therefore within federal jurisdiction, such that the Federal Parliament, in exercising its legislative power under sect. 101 of the Constitution Act, 1867, could grand jurisdiction to the Federal Court over a marine insurance policy claim by sect. 22(2)(r) of the Federal Court Act. The Court noted that there was concurrent jurisdiction with the Superior Courts of the provinces over marine insurance but left unsaid whether the present provincial marine insurance acts were still valid and, if invalid, what ‘Canadian marine insurance law’ consisted of.
The author acknowledges the assistance of Brian G. McDonough B.A., B.C.L., L1.1. in correcting, adding to, and deleting from the text.
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© 1986 Springer Science+Business Media Dordrecht
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Tetley, W. (1986). Canada. In: Arroyo, I. (eds) Yearbook Maritime Law. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-3707-4_9
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DOI: https://doi.org/10.1007/978-94-017-3707-4_9
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