G C Lobster Ltd. v. B Atkinson Boat Builders Limited, 2019 NSSC 342

In Ship Building and Repair on (Updated )

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.

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Forsey v. Burin Peninsula Marine Service Centre, 2014 FC 974, 2015 FCA 216

In Other Practice Topics, Ship Building and Repair on (Updated )

Précis: The Federal Court refused to give effect to an exclusion clause on the grounds that it did not expressly or impliedly exclude negligence.

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Worldspan Marine Inc. (Re) v., 2011 BCSC 1758

In Ship Building and Repair, Stays of Proceedings on (Updated )

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 …

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Offshore Interiors Inc. v. Worldspan Marine Inc., 2011 FC 904

In Ship Building and Repair on (Updated )

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 …

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Sargeant v. Worldspan Marine Inc., 2011 BCSC 767

In Ship Building and Repair, Stays of Proceedings on (Updated )

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 …

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Van Duren v. Chandler Marine Inc., 2010 NSSC 139

In Ship Building and Repair on (Updated )

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’ …

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Lindsay v. Spiller, 2009 BCSC 575

In Ship Building and Repair on (Updated )

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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