Précis: The Federal Court and Federal Court of Appeal gave effect to an exclusion clause in a ship lifting contract notwithstanding that the clause did not specifically refer to negligence.
Full SummaryMercury Launch & Tug Ltd. v. Texada Quarrying Ltd., 2006 FC 464
The barge “MLT HWY” was damaged when she broke her moorings in extreme weather and grounded upon nearby rocks. The Plaintiff was the owner of the barge, which had been moored at the Defendant’s facility for the loading of a cargo of crushed stone. The Plaintiff’s tug, which had towed the barge to the facility, was moored to a buoy …
Full SummaryMosquito Creek Marina v. Malecek, 2006 BCPC 139
In this matter the Defendant had moored her pleasure vessel at the Plaintiff’s marina for a number of years. During that time moorage was paid, sometimes in cash, to the marina’s bookkeeper. The bookkeeper had apparently not been recording all payments received and was fired. The new bookkeeper after reviewing the books determined the Defendant owed $15,000 in back moorage …
Full SummaryCanada v. Cote, 2005 CanLII 33542
In this matter a vessel had been moored in an area of the harbour controlled by the municipality and the owner had refused to move the vessel when requested to do so. The municipality then seized and detained the vessel and brought this application for the sale of the vessel under s.19 of the Fishing and Recreational Harbours Act. The …
Full SummaryDryburgh v. Oak Bay Marina (1992) Ltd., 2001 FCT 671
This was an action for damages caused to a pleasure craft when docks at the Defendant marina broke apart during a severe wind storm. The claim was against the marina and its President. The Plaintiff alleged that the marina was poorly designed and constructed and that the President oversaw the design and construction. The Defendants argued that they were protected …
Full SummaryLaursen v. Bemister, 1999 CanLII 6059
This was an action in negligence, breach of contract and bailment against the Defendant in respect of damage to the Plaintiffs’ vessels that were stored in the Defendant’s barn when the roof collapsed under a snow load. The action was dismissed. The court held that the Defendant was aware of the potential risk from snow accumulation but took reasonable steps, …
Full SummaryLeCleir Bros. Contracting Ltd v. Canoe Cove Marina Ltd., 1999 CanLII 6199
This case concerned the interpretation of a marina moorage contract. The Plaintiff had moored his boat and boathouse at the Defendant marina for many years. The moorage agreement gave the Defendant the right the cancel the agreement and demand the immediate removal of the Plaintiff’s personal effects. It also provided for a right of renewal upon 30 days. The Defendant …
Full SummaryRobin Maritime Inc. v. Chemarketing Industries, 1998 CanLII 8624
This was an action for wharfage dues. The Plaintiff, an agent for the vessel owner, paid wharfage dues to the Port of Montreal and sought reimbursement from the Defendant, the charterer of the vessel and consignee of the cargo. The Plaintiff claimed that it either paid the charges as agent for the Defendant or that it was entitled to be …
Full SummarySwinburne v. Dike, 1995 CanLII 2374
This was a summary judgment application by a group of small vessel owners against a marina for damage caused to their vessels when the marina broke apart during a severe storm. In defence of the claims the marina relied upon an exclusion clause in the moorage contracts that exempted it from liability for "loss of or damage to any property …
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