Exclusion Clauses - Admiralty Law

Capitaines PropriÃ©taires de la GaspÃ©sie (A.C.P.G.) Inc. v. PÃªcheries Guy Laflamme Inc., 2014 FC 456, 2015 CAF 78

In Docks Wharves and Marinas on March 19, 2015 (Updated June 03, 2015)

Précis: The Federal Court and Federal Court of Appeal gave effect to an exclusion clause in a ship lifting contract notwithstanding that the clause did not specifically refer to negligence.

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Exclusion Clauses - Negligence - Ship Repair - Summary Trial

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

In Ship Building and Repair on February 27, 2009 (Updated July 11, 2012)

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 …

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Exclusion Clauses - Marinas

Dryburgh v. Oak Bay Marina (1992) Ltd., 2001 FCT 671

In Docks Wharves and Marinas on June 18, 2001 (Updated July 10, 2012)

This was an action for damages caused to a pleasure craft when docks at the Defendant marina broke apart during a severe wind storm. The claim was against the marina and its President. The Plaintiff alleged that the marina was poorly designed and constructed and that the President oversaw the design and construction. The Defendants argued that they were protected …

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