Summary Judgment - Admiralty Law

Canada (Ship-Source Oil Pollution Fund) v. Dodds, 2019 FC 144

In Pollution (Ship Source) on February 4, 2019 (Updated February 08, 2019)

Précis: The Federal Court granted summary judgment in favour of the plaintiff against the registered owner defendant.

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Reasonable Costs - Sinking and Discharge of Oil - Summary Judgment

Canada (Ship-Source Oil Pollution Fund) v. Dodds, 2019 FC 146

In In Rem Actions and Arrest, Pollution (Ship Source) on February 4, 2019 (Updated February 08, 2019)

Précis: The Federal Court granted summary judgment in favour of the plaintiff against the registered owner defendant, despite the vessel being under arrest at the time of sinking.

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Clean up Costs - Defence of Deliberate Action by Third Party - Pollution - Summary Judgment

Administrator of the Ship-Source Oil Pollution Fund v. Beasse, 2018 FC 39

In Judgments and Enforcement of Judgments, Pollution (Ship Source) on January 16, 2018 (Updated June 07, 2018)

Précis: The court held the defendant owner liable for pollution clean up costs following the sinking of a tug, rejecting the owner’s allegation the sinking was due to the deliberate act of a third party.

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Contempt for Failure to Remove Vessel - Dilapidated Vessels - Marinas - Recovery of Actual legal fees - Summary Judgment

Shelburne (Town) v. The Farley Mowatt, 2017 FC 1184

In Docks Wharves and Marinas on December 21, 2017 (Updated April 11, 2018)

Précis: The plaintiff was awarded berthage costs and the costs of cleanup, security and maintenance of the defendant ship.

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Damages - Pure Economic Loss - Sufficiency of Evidence - Summary Judgment

Leo Ocean S.A. v. Westshore Terminals Limited Partnership, 2015 FC 130, 2015 FCA 282

In Admiralty Practice, Judgments and Enforcement of Judgments on December 9, 2015 (Updated December 10, 2015)

Précis: The Federal Court of Appeal held that there was sufficient evidence to determine if the claim was one of pure economic loss and referred the matter back to the trial division for a decision.

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Carriage by Sea - Dead Freight - Practice - Summary Judgment

Asia Ocean Services, Inc. (UPS Asia Group Pte Ltd) v. Belair Fabrication Ltd, 2015 FC 1141

In Carriage of Goods by Sea, Judgments and Enforcement of Judgments on October 6, 2015 (Updated November 22, 2015)

Précis: The shipper was required to pay dead freight pursuant to the terms of a booking note.

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Damage to Vessel Caused by Grinding Dust - Joint and Several Liability - Liability - Motion for Non-Suit - Practice - Summary Judgment

0871768 B.C. Ltd. v. Aestival (Vessel), 2014 FC1047

In Other Practice Topics, Ship Building and Repair on November 5, 2014 (Updated June 03, 2015)

Précis: One of two defendants was found liable for damage caused to an adjacent vessel by grinding dust. As the damages were separate and divisible, it was not a case of joint and several liability.

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Foreign Judgment - Mortgage Enforcement - Sufficiency of Evidence - Summary Judgment

Lakeland Bank v. The Ship Never E Nuff, 2013 FC 864

In Admiralty Practice, Judgments and Enforcement of Judgments on August 12, 2013 (Updated September 23, 2013)

The plaintiff was the mortgagee of the defendant vessel and brought this motion for summary judgment to sell the vessel promptly. In support of its motion the plaintiff filed an affidavit which apparently attached a judgment of the United States District Court of Northern New York in which the plaintiff was awarded US$190,000 and given the right to take possession …

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Genuine Issue - Summary Judgment

Cores Worldwide Inc. v. The "Camilla" et al., 2004 FC 1160

In Admiralty Practice, Judgments and Enforcement of Judgments on August 20, 2004 (Updated June 29, 2012)

This was an application for summary judgment to recover outstanding payments allegedly owed on the sale and purchase of a generator and pump. The application was denied on the grounds that there were a number of key facts upon which the parties did not agree. The motions Judge noted that for a summary trial the Applicant must present evidence showing …

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In Rem Actions - Repairers/Necessaries Suppliers - Service on Proceeds - Summary Judgment

Northwest Delta Yacht Services Inc. v. Sovereign Yachts et al., 2004 FC 304

In Admiralty Practice, In Rem Actions and Arrest on March 2, 2004 (Updated June 28, 2012)

The Plaintiff in this action had installed teak decking on the Defendant yacht pursuant to a contract with the builder. The Plaintiff was not paid by the builder and brought this proceeding in rem against the yacht and in personam against the builder and against the purchasers of the yacht. The statement of claim was served on one of the …

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