-

Continental Insurance Co. v. Almassa International Inc., 111 ACWS (3d) 470

In Admiralty Practice, Stays of Proceedings on (Updated )

This matter concerned a cargo policy taken out by a Quebec merchant from an Ontario based insurer insuring a cargo of lumber carried from Quebec to Saudi Arabia. During the course of the voyage the ship suffered engine damage and called at an intermediate port for repairs. As a result of the delay, the lumber cargo was damaged and a …

Full Summary
-

McCain Produce Inc. v. Visser Potato Ltd., 2001 FCT 994

In Admiralty Practice, Service on (Updated )

This was an ex parte motion by the Plaintiff for judgment in default of defence against the Defendant ship and her owners. The Defendants, including the ship, were apparently served in the Netherlands and a certificate of the Government of the Netherlands was offered in proof of service. Although the certificate did not indicate what was served or where the …

Full Summary

Valmet Paper Machinery Inc. v. Hapag-Lloyd AG et.al., 1996 CanLII 1497 (BC SC)

In Admiralty Practice, Service on (Updated )

This was an application by the Defendant freight forwarder to set aside service ex juris of the Statement of Claim and for an order staying the action on the basis of a jurisdiction clause. On the first point the Court found that the Plaintiff had established a good arguable case that the Defendant’s contractual obligation was as a common carrier …

Full Summary