Précis: The Federal Court found that the sale of marine bunkers was subject to the standard terms and conditions of the defendant supplier where no objection to those terms was raised by the parties to the original Fixed Price Agreement contract, and ordered the plaintiff to pay the supplier with money held in trust, as well as the receiver of the bankrupt bunker company.
Full SummaryCanpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2015 FC 1108, 2017 FCA 47
Précis: The Federal Court of Appeal held that the trial Judge erred in relying upon parole evidence when interpreting bunker supply contracts and further held that the error was sufficiently serious so as to constitute an error in principle justifying review to the standard of correctness.
Full SummaryComtois International Exports Inc. v. Livestock Express BV, 2013 FC 1239, 2014 FC 475
Précis: The court had no discretion to not enforce an arbitration clause in a charter party/booking note.
Full SummaryLafarge Canada Inc. v. JJM Construction Ltd., 2011 BCCA 453
The parties entered into four identical charter parties pursuant to which the charterer was to be liable for damage to the barges except for normal wear and tear. The charterer was also responsible for obtaining hull and machinery insurance naming the owner as an additional insured. The barges were returned with damage but not all of the damage was covered …
Full SummaryAosta Shipping Co. v. Gulf Overseas General Trading LLC, 2007 BCSC 354
This was an application to set aside a mareva injunction that had been granted ex parte. The injunction seized bunker fuel on board a ship that was chartered by the Defendant. The Plaintiff’s claim against the Defendant was in relation to a freight dispute in an earlier unrelated charter and which had been submitted to arbitration in England. The Court …
Full SummarySpellacy v. Marine Management Inc., 1998 No.4141, (Nfld. S.C.)
The issue in this case was the brokerage fee to which the Plaintiff was entitled. The Plaintiff had negotiated a two year charter of a tug at $1,100.00 per day with an option to purchase for $900,000.00. The option to purchase was exercised. The Plaintiff argued that he was entitled to a 5% commission on the basis that he was …
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