Sail Labrador Ltd. v. The "Challenge One", [1999] 1 SCR 265

In Charters of Ships on (Updated )

This was an appeal from the Federal Court of Appeal. The Appellant/Plaintiff had entered into a 5 year charter party with the Respondent/Defendant. The terms of the charter party included an option to purchase the vessel at the end of the five year term subject to "full performance" of its obligations under the charter party. Clause 10 of the charter …

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Spellacy v. Marine Management Inc., 1998 No.4141, (Nfld. S.C.)

In Charters of Ships on (Updated )

The issue in this case was the brokerage fee to which the Plaintiff was entitled. The Plaintiff had negotiated a two year charter of a tug at $1,100.00 per day with an option to purchase for $900,000.00. The option to purchase was exercised. The Plaintiff argued that he was entitled to a 5% commission on the basis that he was …

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Melsa International Inc. v. Adecon Shipping Lines Inc. et.al., 1997 CanLII 5001

In Charters of Ships on (Updated )

This was an application by the defendant for summary judgment dismissing the Plaintiff’s action. The Plaintiff’s action was for breach of a charter-party agreement. The Plaintiff and Defendant had entered into a charter-party agreement in the Gencon form. The Defendant was not able to meet the agreed upon loading date and, as a consequence, the Plaintiff exercised its right to …

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Halla Merchant Marine Co. Ltd. v. The "Lok Maheshwari" et. al., 1997 No. T-279-96 (F.C.T.D.)

In Charters of Ships on (Updated )

This was an application for summary judgment by the disponent owner of the Defendant ship against the charterer for charter hire. The charterer defended the application on the grounds that it had a right of set off in respect of a claim for demurrage. The Court held that there was no valid right of set off because the hire claim …

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