- - - - - - - -

Continental Insurance Co. v. Almassa International Inc., 2003 CanLII 45611

In Experts and Expert Evidence, Marine Insurance on (Updated )

This case concerned a shipment of lumber carried from Canada to Saudi Arabia, some of which was loaded on deck and some of which under deck. During the voyage the vessel suffered engine failure and had to be towed to Piraeus, Greece for repairs. The shipment was insured under an open cargo policy. The assured was concerned about the possibility …

Full Summary
- -

Richardson International Ltd. v. The "MYS CHIKHACHEVA" et al., 2002 FCT 482

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

The issue in this motion was the interpretation of a letter of guarantee given by the Royal Bank of Canada to secure the release of the defendant vessel from arrest. By the letter of guarantee the bank agreed that if the owners did not pay a judgment against them execution could issue against the bank. The Plaintiff in due course …

Full Summary
- - -

Conohan v. The Cooperators, 2002 FCA 60

In Marine Insurance on (Updated )

This case arose out of a collision between the "Lady Brittany" and "Cape Light II" off Prince Edward Island. At the time of the collision the "Cape Light II" was at anchor. Following the collision, blood alcohol readings were taken from the Master of the "Lady Brittany" which indicated his blood alcohol content was above the legal limit. An action …

Full Summary
-

Mackay v. Scott Packing and Warehousing Co., [1996] 2 FC 36

In Carriage of Goods by Sea on (Updated )

The Plaintiff in this case had entered into a contract with the Defendant moving company for the carriage of his personal possessions to England. A large number of articles became lost or damaged during transit. The Defendant accepted liability but argued that it was entitled to rely upon a limitation clause in its contract with the Plaintiff. The Plaintiff argued …

Full Summary