Shorworld International Inc. et.al. v. Fednav Ltd. et.al., 1997 CanLII 4746

In Admiralty Practice, Costs and Security for Costs on (Updated )

In this carriage of goods case the Defendant delivered a formal offer to settle pursuant to Rule 344.1. The offer did not provide for costs but the Plaintiff accepted it and demanded costs up to the date of the offer based on column III of Part I of Tariff B. The Court held that the Plaintiff was entitled to the …

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Valmet Paper Machinery Inc. v. Hapag-Lloyd AG et.al., 1996 CanLII 1497 (BC SC)

In Admiralty Practice, Service on (Updated )

This was an application by the Defendant freight forwarder to set aside service ex juris of the Statement of Claim and for an order staying the action on the basis of a jurisdiction clause. On the first point the Court found that the Plaintiff had established a good arguable case that the Defendant’s contractual obligation was as a common carrier …

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Olbert Metal Sales Limited v. The "Harmac Dawn" et.al., [1997] 1 FC 899

In Admiralty Practice, Other Practice Topics on (Updated )

This was a carriage of goods case in which both the shipper and consignee were initially added as Plaintiffs. The Plaintiff, shipper, later brought this motion for leave to discontinue its action against the Defendant carriers. The grounds were that both Plaintiffs were initially joined because of uncertainty as to who had title when the goods were damaged but it …

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Tan v. The "Pacific Brilliance" et.al., 1996 CanLII 3865

In Admiralty Practice, Other Practice Topics on (Updated )

This was an application to strike out a Third Party Claim. The main action arose out of the death of a shipyard employee who fell from a gangplank while disembarking from the vessel. The dependents of the deceased commenced action against the owners and operators of the ship who, in turn, sought to third party the terminal where the ship …

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Pusan Pipe America Inc. v. The "Nicole" et.al., No. T-205-95(F.C.T.D.)

In Admiralty Practice, Discovery on (Updated )

This application before the Prothonotary at Vancouver concerned production of documents. The Court upheld a claim for privilege over various survey reports which the Court found were prepared on the instructions of counsel in anticipation of litigation and not as a matter of routine.

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Pacific Tractor Rentals (V.I.)Ltd. v. The "Palaquin", (June 14, 1996) No. T-2616-95

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

The issues in this case were whether an arrest warrant extends to property taken off a vessel prior to arrest and whether repairs to a vessel under arrest paid for by the vessel’s owner form part of the arresting party’s security. The case concerned machinery owned by the Plaintiff that had been lost overboard from the "Palaquin" during alleged heavy …

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I. Deveau Fisheries Ltd. v. Cummins Americas, Inc., No. T-1312-95 (F.C.T.D.)

In Admiralty Practice, Parties on (Updated )

This case concerned a claim by the Plaintiff against the Defendant for negligent repair of a ship’s engine. The Defendant in turn commenced Third Party proceedings against a sub-contractor for contribution and indemnity in respect of work done by the sub-contractor to the cylinder heads of the engine. The sub-contractor brought a motion to strike the Third Party action on …

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Elecnor S.A. v. The "Soren Tourbo" et.al., [1996] 3 FC 422

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This case addresses the issue of whether the Plaintiff must name all sisterships in a Statement of Claim. The action was originally commenced on January 25, 1995, against the ship "Soren Turbo". The Statement of Claim was renewed on January 15, 1996 for a further twelve months. This renewal was, however, subject to the proviso that if the "Soren Tourbo" …

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Quinlan Brothers Limited v. The "Tricon Commander" et.al., No. T-2690-94 (F.C.T.D.)

In Admiralty Practice, Delay and Time Extensions on (Updated )

In this matter the surety of a bail bond brought an application for their bond to be released. The action had been commenced and the Defendant ship arrested in November, 1984. Bail was posted in January 1986 and the ship was released from arrest the following month. Nine years then passed without any significant action being taken by either party. …

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Jordan v. Towns Marine Electronics Ltd. et.al., T-1577-95 (F.C.T.D.)

In Admiralty Practice, Discovery on (Updated )

This was an appeal from a decision of the Prothonotary in which the Defendant was ordered to produce three adjuster’s reports. The Defendant had claimed privilege over the reports arguing they were made in contemplation of litigation. On appeal, the Defendant argued that as the adjusters were appointed by the liability insurer of the Defendant, the only possible purpose for …

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