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

In Ship Building and Repair on (Updated )

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

In Docks Wharves and Marinas on (Updated )

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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