Elecnor S.A. v. The "Soren Tourbo" et.al., [1996] 3 FC 422

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This case addresses the issue of whether the Plaintiff must name all sisterships in a Statement of Claim. The action was originally commenced on January 25, 1995, against the ship "Soren Turbo". The Statement of Claim was renewed on January 15, 1996 for a further twelve months. This renewal was, however, subject to the proviso that if the "Soren Tourbo" …

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Quinlan Brothers Limited v. The "Tricon Commander" et.al., No. T-2690-94 (F.C.T.D.)

In Admiralty Practice, Delay and Time Extensions on (Updated )

In this matter the surety of a bail bond brought an application for their bond to be released. The action had been commenced and the Defendant ship arrested in November, 1984. Bail was posted in January 1986 and the ship was released from arrest the following month. Nine years then passed without any significant action being taken by either party. …

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Wirth Limited et.al. v. The "Federal Danube", No.T-1701-90

In Carriage of Goods by Sea on (Updated )

This case concerned damage to a cargo of steel rails carried from Antwerp to Montreal. The carrier acknowledged receipt of the cargo at Antwerp in apparent good order and condition except for some slight rusting. Upon discharge at Montreal the cargo was noted as being in substantially the same condition except one rail was damaged. The cargo was then carried …

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Burrard Towing Co. v. Reed Stenhouse Limited, 1996 CanLII 1919 (BC CA)

In Tug and Tow on (Updated )

This case involved the interpretation of a Tower’s Legal Liability Policy. The facts were that a barge under demise charter to a tug company capsized while under tow and the cargo was lost. The barge was an insured vessel under the tug company’s policy. The issue in the case was whether the tug company had legal liability coverage for the …

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Jordan v. Towns Marine Electronics Ltd. et.al., T-1577-95 (F.C.T.D.)

In Admiralty Practice, Discovery on (Updated )

This was an appeal from a decision of the Prothonotary in which the Defendant was ordered to produce three adjuster’s reports. The Defendant had claimed privilege over the reports arguing they were made in contemplation of litigation. On appeal, the Defendant argued that as the adjusters were appointed by the liability insurer of the Defendant, the only possible purpose for …

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Companhia Siderurgica Nacional v. The "Imperial Confidence", No.T-3083-94 (F.C.T.D.)

In Admiralty Practice, Delay and Time Extensions on (Updated )

This was an ex parte motion by the Plaintiff to extend the time for service of the Statement of Claim. The Prothonotary extended the time for service in rem as the Defendant vessel had not been in the jurisdiction since the Statement of Claim was issued. However, the Court refused to extend the time for service in personam. The Prothonotary …

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Can-Am Produce and Trading Ltd. v. The "Senator", No. T-2353-95 (F.C.T.D.)

In Arbitration/Jurisdiction Clauses in Maritime Law on (Updated )

This matter concerned a motion by the Defendant to stay proceedings by reason of a jurisdiction clause in the bill of lading. The Plaintiff opposed the motion on three grounds: that there were two jurisdiction clauses in the bill of lading which were inconsistent; that Canada was the more convenient jurisdiction; and that the action was also against Canadian stevedores …

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Efford v. Bundy, Victoria Registry No. 1158/92 (B.C.S.C.)

In Carriage of Passengers by Sea on (Updated )

In this matter the Plaintiff was injured on board a rigid hull inflatable boat while whale watching off Tofino, British Columbia. The Plaintiff injured her back when the bow of the boat came down hard when crossing the wake of a large fishing vessel. The Plaintiff alleged the Defendant was negligent in his operation of the boat and in failing …

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Vogel v. Sawbridge et.al., No. 24638 No. 24639 Kelowna Registry (B.C.S.C.)

In Constitutional Issues in Maritime Law on (Updated )

This was a summary trial to dismiss two actions as time barred. The actions arose out of the deaths of two persons aboard the yacht "Kingfisher" while it was moored at Nanaimo Harbour, British Columbia. It was alleged in the Statement of Claim that the deaths were caused by the faulty operation of a heater in the yacht which emitted …

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Fraser River Pile & Dredge Ltd. v. Empire Tug Boats Ltd., No.T-11631-93 (F.C.T.D.)

In Admiralty Practice, Discovery on (Updated )

This was an application in limitation proceedings for inspection of a ship’s steering system. The shipowner contested the application arguing that it would be inconvenient and that it should not be done until all claimants in the limitation proceedings were known. The Court acknowledged that the inconvenience of the shipowner was a matter to take into account but held that …

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