Canpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2015 FC 1108, 2017 FCA 47

In Charters of Ships, Other Practice Topics on (Updated )

Précis: The Federal Court of Appeal held that the trial Judge erred in relying upon parole evidence when interpreting bunker supply contracts and further held that the error was sufficiently serious so as to constitute an error in principle justifying review to the standard of correctness.

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Lafarge Canada Inc. v. JJM Construction Ltd., 2011 BCCA 453

In Charters of Ships on (Updated )

The parties entered into four identical charter parties pursuant to which the charterer was to be liable for damage to the barges except for normal wear and tear. The charterer was also responsible for obtaining hull and machinery insurance naming the owner as an additional insured. The barges were returned with damage but not all of the damage was covered …

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M/S Apollo Tiger Shipping GmbH & Co. KG v. R, 2005 NBPC 16

In Charters of Ships on (Updated )

The registered owner of the subject vessel was charged with an offence under the Safe Working Practices Regulations passed pursuant to the Canada Shipping Act following an accident involving a crane on the vessel in which two stevedores were injured. The owner brought a non-suit motion following the conclusion of the Crown’s case arguing that the vessel was under a …

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Champion International v. The "Sabina", 2002 FCT 1122

In Charters of Ships on (Updated )

Again the issue in this case was whether there was a concluded agreement between the parties. The Plaintiff and Defendant, through their respective agents, had entered into negotiations for the carriage of the Plaintiff’s cargo. All substantial matters had been agreed with the exception of lay days and quantity of cargo which were characterized as “loose ends” by the Defendant. …

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Armonikos Corp. v. Saskatchewan Wheat Pool, 2002 FCT 799

In Charters of Ships on (Updated )

The issue in this case was whether a charter party had been concluded between the brokers acting for the parties. The Defendant argued that no charter party had been agreed because there had not been a meeting of the minds regarding a significant term, notably, whether the vessel to be chartered was certified by the International Transport Workers Federation. The …

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Barber Dubai Shipping Agencies Co. v. Angel Maritime Inc., 002 CanLII 38097

In Charters of Ships on (Updated )

This was a dispute over fees payable to a broker by a shipowner. The charter party provided for daily demurrage which had been unpaid by the charterer. The shipowner attempted to set-off the unpaid demurrage from the fees payable to the broker. Both at first instance and on appeal the court held that the shipowner was not entitled to claim …

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North Ridge Fishing Ltd. v. The "Prosperity" et al., 2000 BCCA 283

In Charters of Ships on (Updated )

This was an appeal from a summary trial application. The appeal arose out of a net cutting incident that occurred during the roe herring fishery. The Plaintiff alleged that the Defendant vessel "Prosperity" negligently cut its net during the fishery resulting in a loss of fish. At the time, the "Prosperity" had been chartered for the entire 1997 herring season. …

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