Précis: The Federal Court awarded default judgment for damages caused by a negligently designed and constructed marine engine when the defendant did not file and serve a statement of defence.
Full SummarySaam Smit v. The Hanjin Vienna, 2017 FC 745
Précis: The Federal Court permitted partial payment out of proceeds from the sale of a vessel after assessing the best reasonable cases of the various claimants.
Full SummaryVerreault Navigation Inc. v. 662901 N.B. Ltd., 2016 FC 1281
Précis: This matter concerned the ranking of various claimants to proceeds from the sale of a ship.
Full SummaryUniversal Sales Limited v. Edinburgh Assurance Co. Ltd., 2012 FC 1192
In prior reasons (2012 FC 418) the plaintiff had been awarded judgment against the defendants in the amount of approximately $5 million. These reasons dealt with the outstanding issues of interest and costs. With respect to interest, the issues were: should the plaintiff be deprived of part of the interest because of delay in prosecuting the matter; from what date …
Full SummaryBuckley v. Buhlman, 2012 FCA 9
Précis: The Federal Court of Appeal upheld a decision of the Federal Court wherein it was determined that the limits of liability under the MLA applicable to “passengers” apply only to persons on board the ship seeking to limit liability.
Full SummaryCalogeras & Master Supplies Inc. v. Ceres Hellenic Shipping Enterprises Ltd., 2010 FC 1318, 2011 FCA 334
The plaintiff in this matter was a ship chandler who had supplied various ships managed by the defendant over a number of years. This action was for payment of invoices in respect of those supplies as well as interest and legal fees, which fees were recoverable pursuant to the terms of the contract. The case primarily turned on its particular …
Full SummaryOmega Salmon Group Ltd. v. The "Pubnico Gemini", 2007 BCCA 33
The Plaintiff was the owner of a fish farm that was damaged when the “Pubnico Gemini” collided with it. Liability for the collision was admitted and the only issues were in relation to damages. Specifically, the Defendants argued that: (i) the damages should be based on the cost to repair the damaged fish pens rather than the cost of replacement; …
Full SummaryCoath v. The "Bruno Gerussi", 2002 FCT 385
This was an application for default judgment in personam and in rem. The Prothonotary granted the judgment in personam but refused the judgement in rem as the Statement of Claim had not been served on the vessel but instead had merely been given to the person in charge of the vessel. The Prothonotary noted that such service would only be …
Full SummaryMacKay v. Scott Packing & Warehousing Co., 1999 CanLII 7401
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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