Précis: The Supreme Court of Newfoundland and Labrador dismissed a claim against the defendant insurer for want of prosecution.
Full SummaryDavy Global Fund Management Limited v. Michele Bottiglieri Armatore S.p.A., 2021 FC 789
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Full SummaryArc-En-Ciel Produce Inc. v. MSC Belle (Ship) 2020 FC 23, 2020 FC 23, 2021 FCA 70
Précis: The Federal Court of Appeal found the Federal Court erred in applying the “strong cause” test to a claim under s. 46 of the Marine Liability Act.
Full SummaryKirby Offshore Marine Pacific LLC v. Heiltsuk, 2019 FC 1009
Précis: Claims to Indigenous title will not stay a shipowner’s limitation proceeding from continuing.
Full SummaryByatt International SA v. Canworld Shipping Company Limited, 2013 BCCA 558
This was an application to stay the order of the British Columbia Court of Appeal rendered in Byatt International S.A. v Canworld Shipping Company Limited, 2013 BCCA 427, wherein the court ordered that the ship owner was entitled to sub-freight paid into court. The grounds for the application were that an application for leave to appeal the decision had been …
Full SummaryQuin-Sea Fisheries Limited v. The Broadbill I, 2013 FC 575
The plaintiff and defendants entered into an agreement whereby, in consideration of a loan by the plaintiff, the defendants granted a mortgage over the defendant vessel and agreed to make its catch available to the plaintiff for one year following the year the loan was repaid. The loan was repaid but the defendants failed to sell their catch to the …
Full SummaryT. Co. Metals LLC v. The Federal Ems, 2011 FC 291, 2012 FCA 284
A cargo of cold-rolled steel coils was carried from Brazil to Toronto pursuant to bills of lading that incorporated the terms and conditions of a voyage charterparty between the exporter and the time charterer of the vessel. Pursuant to the terms of the voyage charterparty, the exporter was to be responsible for the loading, stowing and discharging of the cargo. …
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 SummaryLabki Finance Inc. v. Glovertown Shipyards Limited, 2010 NLTD 71
The underlying proceedings in this matter were commenced in the Supreme Court of Newfoundland by the defendant shipbuilder for an order requiring the owner of the vessel to remove the vessel from its shipyard and for storage fees of $1,000 per day. A second proceeding had also been commenced by the mortgagee of the vessel in Federal Court in which …
Full SummaryMcDermott Gulf Operating Company v. Oceanographia Sociedad Anonima de Capital Variable, 2010 NSSC 118
This was an application to stay proceedings commenced in the Nova Scotia Supreme Court on the basis that the court lacked jurisdiction simpliciter or was otherwise not the appropriate forum. The underlying claim by the plaintiff was for charter hire and other charges allegedly owed by the defendants. The first plaintiff was a Panamanian company and was the owner of …
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