Irving Shipbuilding Inc. v. Canada (Attorney General), 2009 FCA 116

In Ship Building and Repair on (Updated )

This was an application for judicial review under s. 18.1 of the Federal Courts Act challenging the awarding of a contract by the Government of Canada to provide service support for its Victoria Class submarines. The applicants were two sub-contractors of an unsuccessful bidder. Surprisingly, and fatally for the applicants, the unsuccessful bidder was not part of the proceedings. The …

Full Summary

656925 B.C. Ltd. v. Cullen Diesel Power Ltd., 2009 BCSC 260

In Ship Building and Repair on (Updated )

This was a summary trial application by the defendant to dismiss the claim of the plaintiff on the basis that the contract of repair between the parties included an exclusion clause. The Court held there was insufficient evidence to grant a summary judgment and dismissed the application. However, in the course of its reasons the Court noted that exclusion clauses …

Full Summary

Nanaimo Shipyard Ltd. v. Keith, 2008 BCSC 1150

In Ship Building and Repair on (Updated )

The Defendant’s vessel ran aground and was severely damaged near Nanaimo, B.C. The grounding occurred a mere 100 yards from the Plaintiff’s shipyard. The Plaintiff’s employees secured the vessel, brought it to the shipyard and hauled it out of the water. The next day the Defendant was presented with a work order for the work done the previous day. The …

Full Summary

D'Eon Boatbuilding Limited v. Thankful Too Family Fisheries Inc., 2008 FC 923

In Ship Building and Repair on (Updated )

This was an action to recover the unpaid balance of construction costs incurred in building a fish boat. There were two factual issues in the case; one involved which of two quotes was the contract between the parties and whose accounting of extras was to be accepted. The Judge reviewed the evidence and granted judgment to the builder for approximately …

Full Summary

Hansen v. "Trinity" (The), 2007 BCSC 821

In Ship Building and Repair on (Updated )

The Plaintiffs in this case sought the return of in excess of $300,000 they had paid towards the purchase of a sailing vessel being built for them by the Defendants. The Plaintiffs alleged that there was a fundamental breach of the building contract entitling them to rescission of the contract. The breaches related to alleged welding defects in the hull. …

Full Summary

Intertech Marine Limited v. Menendez (The "Nautica"), 2006 FC 1445

In Ship Building and Repair on (Updated )

The Plaintiff and the Defendant entered into a series of agreements for the construction of a pleasure yacht by the Plaintiff for the Defendant. During the construction the parties also discussed the possibility of entering into an arrangement to use the yacht being built to promote sales of further yachts. In anticipation of this happening the Plaintiff said that it …

Full Summary

Deep Shore Marine Contracting Inc. v. The "Polish Princess", 2005 FC 1469

In Ship Building and Repair on (Updated )

The Plaintiff, a ship repairer, brought this action to recover the amount of unpaid invoices. The Defendant counter-claimed alleging the Plaintiff damaged his vessel by failing to protect it from the elements and further alleging that the Plaintiff unreasonably delayed in completing the repairs causing him to lose a sale of the boat. The Prothonotary decided the issues in favour …

Full Summary

Matson Navigation v. Victoria Shipyard Co., 2001 BCSC 1344

In Ship Building and Repair on (Updated )

The Plaintiff in this matter claimed that the Defendant Shipyard had obstructed a vent with sandblast grit in the No. 5 port wing ballast tank while sandblasting during a refit. As a result of the obstruction, the ballast tank became over-pressurized during ballasting operations and significant damage was caused to the hull. Upon inspection approximately 76 pounds of compacted sand …

Full Summary

Fiddler Enterprises Ltd., et al v. Allied Shipbuilders Ltd., 2003 FCT 463

In Ship Building and Repair on (Updated )

A fire occurred in the funnel of a fishing vessel in the vicinity of the exhaust mufflers/silencers. The Plaintiff owners alleged that during repairs to the vessel’s exhaust system the Defendants had installed an inadequate gasket and had not allowed for expansion and contraction in the system. The issue in the case was the origin of the fire. The Plaintiffs’ …

Full Summary

Altenburger v. Buzaglo, [2000] O.J. No. 4438 (Ont. S.C.)

In Ship Building and Repair on (Updated )

This was an action by a boat repairer to recover the cost of repairs effected for storage costs. The Defendant argued that most of the repair work was unnecessary or not authorized and that the Plaintiff had caused damage to the boat while in his possession. The Court had little difficulty finding the Defendant liable for the repair costs which …

Full Summary