Killam v. Brander-Smith, 1997 CanLII 2387

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

This was an application to set aside an arbitration award. The arbitration concerned the sale of a 22 foot fibre glass boat. The purchaser alleged that the vendor had misrepresented the condition of the engine. The arbitrator held that the doctrine "buyer beware" applied and found in favour of the vendor. The Court upheld the arbitrator’s decision.

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Granville Shipping Co. v. Pegasus Lines Ltd., [1996] 2 FC 853

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

This case involved a claim by the Plaintiff for unpaid hire under a charterparty and a counterclaim by the Defendant for damages for delay. The Plaintiff brought a motion for summary judgment on the main claim and a motion for an order staying the counterclaim and referring it to arbitration pursuant to the arbitration clause in the charterparty. The Court …

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