Elders Grain Company Limited et al. v. The "Ralph Misener" et al., 2005 FCA 139

In Appeals, Carriage of Goods by Sea on (Updated )

This matter involved the carriage of a cargo of alfalfa pellets from Thunder Bay to Montreal. During the discharge of the cargo in Montreal a fire broke out damaging the cargo and the carrying ship. The Plaintiffs claimed for the damage to the cargo and the Defendants counter-claimed for the damage to the ship. The Plaintiffs argued that the bills …

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Precision Drilling International B.V. v. The "BBC Japan" et al., 2004 FC 701

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

This was an appeal from an order of a Prothonotary dismissing the action for delay after a status review. The only explanation for the delay was that the Plaintiff had been negotiating a settlement with one of the Defendants. The appeal Judge considered first whether discretion should be exercised de novo on the appeal and held that it should since …

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Sabina A.G. v. Carisbrooke Shipping Limited, 2003 FCA 366

In Admiralty Practice, Appeals on (Updated )

This was an appeal by the Defendant from the judgment of the trial Judge who found there was a contract between the parties on the basis of documents, conversations and the evidence as a whole. The appeal was dismissed because the appellate Court would not interfere with the trial Judge’s findings of fact unless there was an overriding and palpable …

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