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Pacifica Papers Inc. v. The "Haida Monarch", 2002 FCT 676

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

This was a motion for summary judgment by the Plaintiff. The case concerned the partial loss of a cargo of logs being carried from Alaska to Powell River. It was common ground that the action by the Plaintiff was a subrogated action brought by the Plaintiff’s insurer. The Defendants alleged, inter alia, that the Plaintiff’s insurer was precluded from bringing …

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Kanematsu GMBH v. Acadia Shipbrokers Limited et al., 2000 CanLII 15572

In Carriage of Goods by Sea on (Updated )

This was an appeal from a motion in which the Plaintiff was granted summary judgment against the Defendant charterers for having induced the ship owner to deliver up the cargo to a third party without proper presentation of the bill of lading. The Defendants argued that the case was not appropriate for summary judgment as the facts were too complex. …

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Granville Shipping Co. v. Pegasus Lines Ltd., [1996] 2 FC 853

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

This case involved a claim by the Plaintiff for unpaid hire under a charterparty and a counterclaim by the Defendant for damages for delay. The Plaintiff brought a motion for summary judgment on the main claim and a motion for an order staying the counterclaim and referring it to arbitration pursuant to the arbitration clause in the charterparty. The Court …

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