Mosquito Creek Marina v. Malecek, 2006 BCPC 139

In Docks Wharves and Marinas on (Updated )

In this matter the Defendant had moored her pleasure vessel at the Plaintiff’s marina for a number of years. During that time moorage was paid, sometimes in cash, to the marina’s bookkeeper. The bookkeeper had apparently not been recording all payments received and was fired. The new bookkeeper after reviewing the books determined the Defendant owed $15,000 in back moorage …

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Connaught Laboratories Limited v. British Airways, 2005 CanLII 16576

In Carriage of Goods by Air on (Updated )

This case concerned damage to four cartons of vaccines carried by air from Toronto to Sydney, Australia via Heathrow. The cartons bore labels directing that they be kept refrigerated at between 2 and 8 degrees Celsius. A similar direction was printed on the air waybills. At Heathrow, the cartons were not placed in a refrigerated area and, as a consequence, …

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Gilling v. Cox, 2004 FC 1743

In Purchase and Sale of Ships on (Updated )

In this matter the Plaintiff commenced proceedings for a declaration that he was the owner of a yacht, for an order declaring a purported sale of the yacht null and void and for damages against the Defendant for the unauthorized sale of the yacht. The Defendant did not appear at the hearing and the only evidence given was that of …

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Elders Grain Company Limited et al. v. The "Ralph Misener" et al., 2004 FC 1285

In Carriage of Goods by Sea on (Updated )

In this matter the Defendant had been successful in its counterclaim and now sought compound interest. The Court referred to the Supreme Court of Canada decision in Bank of America Canada v Mutual Trust Co., [2002] SCR 601, wherein it was held that compound interest will generally be limited to breach of contract cases where the parties agreed, knew or …

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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 …

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Strachan v. The "Constant Craving" et al., 2003 FCT 86

In Miscellaneous Maritime Law Topics on (Updated )

This was an action by the Plaintiffs against the Defendants in negligence for damage caused to the Plaintiffs’ vessel when the Defendant’s vessel caught fire. The Plaintiffs established through expert evidence that the cause of the fire was the ignition of gas fumes in the Defendant’s vessel. The source of the fumes was a rusted gas tank and the source …

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The Queen v. The "Delta Pride" et al., 2003 FCT 11

In Collisions and Ships on (Updated )

This was an action for damage allegedly caused to a breakwater by the Defendant vessel while manoeuvring. The facts established that one of the tugs assisting the Defendant vessel made contact with the breakwater. The Defendants, the owners of the vessel, argued that they were not liable for any contact between the tug and the breakwater. The Court held that …

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Gravel and Lake Services Ltd. v. Bay Ocean Management Inc., 2002 FCA 465

In Collisions and Ships on (Updated )

This was an appeal from the Trial Division wherein the trial Judge apportioned liability for a grounding 75% to the “Lake Charles” and 25% to the “Robert John”. The case arose out of an alleged collision between the “Lake Charles” and the tug “Robert John” in the Port of Thunder Bay. The Plaintiff, the owner of the “Robert John”, alleged …

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MacKay v. Scott Packing & Warehousing Co., 1999 CanLII 7401

In Carriage of Goods by Sea on (Updated )

This was a reference to determine the damages of the Plaintiff based upon a limitation of liability clause contained in the contract of carriage. The limitation clause limited the defendant’s liability to 10 pounds sterling per cubic foot of the cubic capacity of the item lost or damaged or, at the Defendant’s option, to the cost of repair or replacement. …

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Ordina Ship Management Ltd. v. Unispeed, 1998 CanLII 8785

In Admiralty Practice, Injunctions on (Updated )

This was an action was for non-payment of charter hire. The Plaintiff obtained an ex parte mareva injunction which was later continued. The Plaintiff subsequently brought a motion to stay the action in favour of arbitration pursuant to the terms of the charter party and abandoned its injunction. The Defendant thereafter brought this application for assessment of damages suffered as …

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