Deep Shore Marine Contracting Inc. v. The “Polish Princess”

The Plaintiff, a ship repairer, brought this action to recover the amount of unpaid invoices. The Defendant counter-claimed alleging the Plaintiff damaged his vessel by failing to protect it from the elements and further alleging that the Plaintiff unreasonably delayed in completing the repairs causing him to lose a sale of the boat. The Prothonotary decided the issues in favour of the Plaintiff holding that the amounts of the invoices were properly owing by the Defendant to the Plaintiff, that there was no damage caused to the vessel while in the possession of the Plaintiff and that any delays were caused by the Defendant’s failure to pay instalments. Additionally, the Prothonotary held that the Plaintiff had failed to mitigate any damage caused to the vessel by promptly repairing same and that the arrest of the vessel by the Plaintiff did not excuse the Defendant from its obligation to mitigate.