Calogeras & Master Supplies Inc. v. Ceres Hellenic Shipping Enterprises Ltd.

The plaintiff in this matter was a ship chandler who had supplied various ships managed by the defendant over a number of years. This action was for payment of invoices in respect of those supplies as well as interest and legal fees, which fees were recoverable pursuant to the terms of the contract. The case primarily turned on its particular facts and, at trial (2010 FC 1318), the plaintiff was ultimately awarded approximately $100,000, which was significantly less than it had claimed. Simple interest at 5% was awarded from a specified date. With respect to the claim for legal fees, the trial Judge said that notwithstanding the contract the court always retains discretion to reduce the amount awarded for such fees when there are special circumstances. The plaintiff appealed the Trial Judge’s order on interest. The Court of Appeal, at 2011 FCA 334, allowed the appeal in part ordering that interest be calculated from 60 days after the issuance of the invoices.