The plaintiff in this action was an Indian freight forwarder who had been retained to arrange shipment of four containers of clothing to Montreal. The bills of lading for the containers named the plaintiff as consignee because the purchaser had not paid for the cargo. The purchaser was in fact unable to pay for the cargo when it arrived and, …
Full SummaryShell Canada Energy v. General MPP Carriers, 2011 FC 217
This was an application by the owner of one of the defendant ships to set aside service and a corollary application to amend the Statement of Claim. The plaintiff had filed a Statement of Claim for damage to cargo on the last day of the one year limitation period. The Statement of Claim included the ship as a defendant but …
Full SummaryNew World Expedition Yachts LLC v. P.R. Yacht Builders, 2011 BCSC 78
In this action the plaintiff alleged that the defendant shipbuilders had engaged in a fraudulent scheme in relation to a ship building contract. The vessel was being built under a contract between the plaintiff/purchaser, NWEY, and the defendant/builder, PRYB. PRYB sub-contracted the labour part of the build to a related company, FCY, also a defendant. Disputes arose during the course …
Full SummaryOlsen v. The Bank of Nova Scotia, 2011 BCSC 111
This was an application for an injunction restraining payment under a letter of credit. The letter of credit had been issued to obtain the release of a vessel from arrest and to secure claims that were the subject of arbitration. The arbitrations were decided in favour of the defendant ship builders and applications to review the arbitration awards were later …
Full SummaryF.C. Yachts Ltd. v. P.R. Yacht Builders Ltd., 2010 FC 1066
This was an application by the mortgagee of a vessel under construction for intervenor status. The vessel was being built under a contract between the purchaser, NWEY, and the builder, PRYB. This contract contained an arbitration clause. PRYB had, however, sub-contracted the labour part of the build to a related company, FCY. The subcontract contained no arbitration clause. The funds …
Full SummaryNew World Expedition Yachts LLC v. P.R. Yacht Builders Ltd., 2010 BCSC 1496
This was an application under the International Commercial Arbitration Act to set aside an award of an arbitrator relating to the construction of a ship. The applicant argued, inter alia, that the award should be set aside on the grounds that the arbitrator was biased. The bias allegations included that there were private communications with the arbitrator and that there …
Full SummaryArtificial Reef Society of Nova Scotia v. Canada, 2010 FC 865 (CanLII)
The plaintiff in this matter arrested a decommissioned naval vessel. Although it is not obvious from the reported reasons, the plaintiff appears to have alleged an agreement with the Crown for the transfer of the vessel to it but the Crown intended to have the vessel scrapped. In any event, the vessel was arrested at the instance of the plaintiff …
Full SummaryLafarge Canada Inc. v. JJM Construction Ltd., 2010 BCSC 1168
The parties entered into four identical charter parties which required that disputes be settled by arbitration. Pursuant to the charter parties the charterer was to be liable for damage to the barges except for normal wear and tear and was also responsible for obtaining hull and machinery insurance naming the owner as an additional insured. The barges were returned with …
Full SummaryAlpha Trading v. Sarah Desgagnés (Ship), 2010 FCA 209
In this matter the respondent had obtained an anti-suit injunction and an order requiring the appellant to release the defendant ship from arrest in proceedings in Belgium. The appellant sought a stay of the order pending the hearing of the appeal. The application was granted. The Court noted that the test for granting a stay required: that there is a …
Full SummaryAlpha Trading Monaco Sam v. Sarah Desgagnés (Ship), 2010 FC 695,
This was an application by the defendant owner of the subject ship for an anti-suit injunction restraining the plaintiff from continuing proceedings commenced in Belgium. The plaintiff was a bunker supplier who had supplied the defendant ship with bunkers at various ports including ports in Canada. The ship was under time charter at the time of the supplies and the …
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