Précis: The Supreme Court of Nova Scotia found the plaintiff owed the defendant for sums due and owing after numerous non-fundamental breaches of the build contract despite the contract being mutually repudiated.
Full SummaryPlatypus Marine Inc. v. The Ship Tatu, 2016 FC 501, 2017 FCA 184
Précis: Interest accrues in maritime law cases regardless of whether it is addressed in a contract.
Full SummaryForsey v. Burin Peninsula Marine Service Centre, 2014 FC 974, 2015 FCA 216
Précis: The Federal Court refused to give effect to an exclusion clause on the grounds that it did not expressly or impliedly exclude negligence.
Full SummaryEhler Marine & Industrial Service Co. v. M/V Pacific Yellowfin (Ship), 2015 FC 324
Précis: A repair quote was held to be an agreed price when given in response to a request for a "reasonably accurate estimate" and "hard" numbers.
Full Summary0871768 B.C. Ltd. v. Aestival (Vessel), 2014 FC1047
Précis: One of two defendants was found liable for damage caused to an adjacent vessel by grinding dust. As the damages were separate and divisible, it was not a case of joint and several liability.
Full SummaryWorldspan Marine Inc. (Re) v., 2011 BCSC 1758
The issue in this case was whether a stay of proceedings previously granted under the Companies Creditors Arrangement Act to allow an insolvent ship builder to refinance should be continued. The intended buyer of the partially constructed yacht opposed the builder’s application to continue the stay. The buyer wanted to lift the stay so that he could appoint a receiver …
Full SummaryOffshore Interiors Inc. v. Worldspan Marine Inc., 2011 FC 904
This was an appeal from an order of a Prothonotary in which the Prothonotary refused to allow the defendant to file a defence out of time and gave default judgement. The underlying action was a claim by a cabinet maker for the costs of cabinets installed on a yacht. The Appeal Judge considered the issues anew and found that there …
Full SummarySargeant v. Worldspan Marine Inc., 2011 BCSC 767
This matter concerned a partially constructed yacht, an insolvent builder and many unhappy creditors. Some of the creditors had commenced proceedings in the Federal Court and obtained either arrest warrants against the vessel or caveats. The builder brought this application in the British Columbia Supreme Court under the Companies Creditors ArrangementAct seeking, inter alia, a stay of the Federal Court …
Full SummaryVan Duren v. Chandler Marine Inc., 2010 NSSC 139
The plaintiffs contracted with the defendant for the building of a vessel. Upon completion, the vessel was sailed from Dartmouth, Nova Scotia to the island of St. Eustatius in the Netherlands Antilles. The evidence established the vessel experienced a multitude of problems during the voyage and the plaintiffs brought this action in contract and negligence against the shipbuilder. The plaintiffs’ …
Full SummaryLindsay v. Spiller, 2009 BCSC 575
This was a dispute over the repair of a motor yacht. The repairer claimed for repair costs, storage and other costs. The boat owner alleged that some of the work and expenses were incurred without his authority and that other amounts were not properly itemized and were not reasonable. The Court extensively reviewed the evidence and agreed, in part, with …
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