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Timberwest Forest Corp. v. Pacific Link Ocean Services Corporation, 2009 FCA 119

In Carriage of Goods by Sea on (Updated )

This was a subrogated claim for the loss of approximately C$1 million worth of logs. The logs were lost from the deck of a barge while en route from Vancouver to California. The issues in the case were: first, whether the cargo was sufficiently described as deck cargo to remove it from the application of the Hague-Visby Rules (thus denying …

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North King Lodge Ltd. v. Gowlland Towing Ltd. et al., 2005 BCCA 557

In Marine Insurance on (Updated )

This matter concerned liability for the sinking of the barge “Sea Lion VI”. The barge had been hired by the Plaintiff, the owner of the barge, to the first Defendant, a logging company, for use as an accommodation barge at a remote logging camp. One of the terms of the agreement was that the owner would provide a watchman. When …

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Secunda Marine Services Limited v. Fabco Industries Limited, 2005 FC 1565

In Marine Insurance on (Updated )

The Plaintiff in this matter hired the Defendant to perform welding and other work on its vessel “Burin Sea”. During the course of the work there was a fire that the Plaintiff alleged was caused by the negligence of the Defendant. The Defendant disputed the allegations of negligence and also defended arguing that the action was a subrogated action brought …

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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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Fraser River Pile & Dredge Ltd. v. Can-Dive Services Ltd., 2000 BCCA 4

In Marine Insurance on (Updated )

This was an action by the owners and underwriters of the derrick barge "Sceptre Squamish" against the charterer of the barge. The "Sceptre Squamish" was lost in the Strait of Georgia when it was left by the charterer unattended in heavy weather. The charterer defended the action alleging that the loss of the barge was due to the negligence of …

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