656925 B.C. Ltd. v. Cullen Diesel Power Ltd., 2009 BCSC 260

In Ship Building and Repair on (Updated )

This was a summary trial application by the defendant to dismiss the claim of the plaintiff on the basis that the contract of repair between the parties included an exclusion clause. The Court held there was insufficient evidence to grant a summary judgment and dismissed the application. However, in the course of its reasons the Court noted that exclusion clauses …

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Mil Davie Inc. v. Hibernia Management and Development Co. Ltd., 2003 FCT 297

In Admiralty Practice, Other Practice Topics on (Updated )

This was an application by the Defendant for summary judgment dismissing the Plaintiff’s action. In the underlying action the Plaintiff, a ship repair yard, alleged that the Defendant awarded contracts to a competitor without seeking tenders and in violation of the Competition Act and the Offshore Accord Acts. The motions Judge reviewed the jurisprudence on summary judgments and noted in …

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