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Bank of the West v. The 26' Well Craft Scarab (Ship), 2007 FC 1112 (CanLII)

In Admiralty Practice, Pleadings on (Updated )

The Defendant marine insurer sought leave to amend its pleading to plead a limitation period contained in its policy. At first instance the Prothonotary denied the application without giving reasons. On appeal, the motions Judge noted the general rule is to allow amendments at any stage of an action provided there is no prejudice or injustice to the other party …

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Addo v. OT Africa Line et al., 2006 FC 1099 (CanLII)

In Admiralty Practice, Pleadings on (Updated )

The Plaintiff was the owner of goods that were damaged when the container in which the goods were stowed was dropped at the Port of Antwerp. The Plaintiff commenced proceedings against various parties including the operator of the port where the container was dropped. That Defendant brought this motion to strike the Plaintiff’s claim on the basis that it disclosed …

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Canada Steamship Lines Inc. v. Elliott, 2006 FC 609

In Admiralty Practice, Pleadings on (Updated )

This was a motion to strike a counterclaim on the grounds that it failed to disclose a reasonable cause of action. The counterclaim alleged an intentional interference with contractual relations relating to the use of a ship. The motion was denied by the Prothonotary who reviewed the relevant authorities and concluded that the impugned pleading contained allegations of the essential …

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1340232 Ontario Inc. v. St. Lawrence Seaway Management Corp., 2004 FC 209

In Admiralty Practice, Pleadings on (Updated )

This was an application to strike the claim of the Plaintiff. The Plaintiff’s claim was for damages for business losses incurred as a result of the closure of a bridge over the Welland Canal, which closure it was alleged was due to the negligence of the Defendant. The Plaintiff had no proprietary interest in the bridge and none of the …

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Valentino Gennarini SRL v. Andromeda Navigation Inc., 2003 FCT 567

In Admiralty Practice, Pleadings on (Updated )

This was a simplified action for disbursements incurred and for ship agency services rendered by the Plaintiff at the port of Taranto, Italy. The case is of interest because of the way a number of procedural matters were decided. The Defendant sought to adduce affidavit evidence that it was acting as agent for a third party. The Plaintiff applied to …

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Berhad v. Canada, 2002 FCT 298

In Admiralty Practice, Pleadings on (Updated )

In this matter the Defendant brought a motion to strike the Statement of Claim on various grounds including that it failed to disclose a reasonable cause of action and was frivolous and vexatious. The Defendant additionally brought a motion for leave to amend its Statement of Defence to plead that the Statement of Claim failed to disclose a reasonable cause …

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Ed Wahl Boat Builders and Repairs Ltd. v. Holm, 2000 CanLII 15889 (FC)

In Admiralty Practice, Pleadings on (Updated )

This was an application to strike out a paragraph of the Statement of Claim pleading a claim for unjust enrichment in the alternative to a main claim for breach of contract for the building of a boat. The Court allowed the application and struck out the offending paragraph on the basis that facts in support of the claim for unjust …

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