Worldspan Marine Inc. (Re) v., 2011 BCSC 1758

In Ship Building and Repair, Stays of Proceedings on (Updated )

The issue in this case was whether a stay of proceedings previously granted under the Companies Creditors Arrangement Act to allow an insolvent ship builder to refinance should be continued. The intended buyer of the partially constructed yacht opposed the builder’s application to continue the stay. The buyer wanted to lift the stay so that he could appoint a receiver …

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Offshore Interiors Inc. v. Worldspan Marine Inc., 2011 FC 904

In Ship Building and Repair on (Updated )

This was an appeal from an order of a Prothonotary in which the Prothonotary refused to allow the defendant to file a defence out of time and gave default judgement. The underlying action was a claim by a cabinet maker for the costs of cabinets installed on a yacht. The Appeal Judge considered the issues anew and found that there …

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Sargeant v. Worldspan Marine Inc., 2011 BCSC 767

In Ship Building and Repair, Stays of Proceedings on (Updated )

This matter concerned a partially constructed yacht, an insolvent builder and many unhappy creditors. Some of the creditors had commenced proceedings in the Federal Court and obtained either arrest warrants against the vessel or caveats. The builder brought this application in the British Columbia Supreme Court under the Companies Creditors ArrangementAct seeking, inter alia, a stay of the Federal Court …

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Van Duren v. Chandler Marine Inc., 2010 NSSC 139

In Ship Building and Repair on (Updated )

The plaintiffs contracted with the defendant for the building of a vessel. Upon completion, the vessel was sailed from Dartmouth, Nova Scotia to the island of St. Eustatius in the Netherlands Antilles. The evidence established the vessel experienced a multitude of problems during the voyage and the plaintiffs brought this action in contract and negligence against the shipbuilder. The plaintiffs’ …

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Irving Shipbuilding Inc. v. Canada (Attorney General), 2009 FCA 116

In Ship Building and Repair on (Updated )

This was an application for judicial review under s. 18.1 of the Federal Courts Act challenging the awarding of a contract by the Government of Canada to provide service support for its Victoria Class submarines. The applicants were two sub-contractors of an unsuccessful bidder. Surprisingly, and fatally for the applicants, the unsuccessful bidder was not part of the proceedings. The …

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D'Eon Boatbuilding Limited v. Thankful Too Family Fisheries Inc., 2008 FC 923

In Ship Building and Repair on (Updated )

This was an action to recover the unpaid balance of construction costs incurred in building a fish boat. There were two factual issues in the case; one involved which of two quotes was the contract between the parties and whose accounting of extras was to be accepted. The Judge reviewed the evidence and granted judgment to the builder for approximately …

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Hansen v. "Trinity" (The), 2007 BCSC 821

In Ship Building and Repair on (Updated )

The Plaintiffs in this case sought the return of in excess of $300,000 they had paid towards the purchase of a sailing vessel being built for them by the Defendants. The Plaintiffs alleged that there was a fundamental breach of the building contract entitling them to rescission of the contract. The breaches related to alleged welding defects in the hull. …

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Intertech Marine Limited v. Menendez (The "Nautica"), 2006 FC 1445

In Ship Building and Repair on (Updated )

The Plaintiff and the Defendant entered into a series of agreements for the construction of a pleasure yacht by the Plaintiff for the Defendant. During the construction the parties also discussed the possibility of entering into an arrangement to use the yacht being built to promote sales of further yachts. In anticipation of this happening the Plaintiff said that it …

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