This was an application in limitation proceedings for inspection of a ship’s steering system. The shipowner contested the application arguing that it would be inconvenient and that it should not be done until all claimants in the limitation proceedings were known. The Court acknowledged that the inconvenience of the shipowner was a matter to take into account but held that …
Full SummaryLewis v. Canada, No. T-1028-93, (F.C.T.D.)
This case concerned a total loss of a vessel due to fire. At the time of the fire the vessel was under the command of someone other than the assured. The policy, however, contained a provision that prohibited anyone other than the named insured from operating the vessel without the prior approval of the insurer in writing. The Plaintiff, assured, …
Full SummaryRast v. Killoran, 1995 CanLII 2397
This case involved an action for personal injury suffered by a passenger when a small vessel collided with a submerged log. The impact caused the driver to lose his grip on the outboard motor and, as a consequence, to momentarily lose control over the vessel. The facts established that the boat driver had disabled two safety features found on the …
Full SummaryAtlantic Shipping (London) Ltd v. The Captain Forever, (June 12, 1995), No. T-1165-95 (F.C.)
In this matter the Plaintiff had commenced arbitration proceedings in England for reimbursement of moneys paid for bunkers under a charter party, and had negotiated security for the bunkers claim. The Plaintiff later commenced action for breach of charter party and for the bunkers claim. The Plaintiff sought a much higher sum as security. The issue in the case was …
Full SummaryFeoso Oil Limited v. The "Sarla", [1995] 3 FC 68
This was a motion for summary judgment involving a claim by the Plaintiff for non-payment of an invoice relating to bunkers supplied to the Defendant ship. The ship had been under a time charter although it was not clear whether the charter had come to an end before the bunkers were ordered. The Defendant owners resisted the claim and the …
Full SummaryBertex Fashions Inc. v. Cargonaut Canada Inc., No. T-651-93, (F.C.T.D.)
The issue in this case was the liability of a freight forwarder for damage to cargo shipped under a through bill of lading issued by the forwarder. The forwarder argued that it acted only as agent for the Plaintiff and was therefore not liable. The Court held, however, that the forwarder was liable as a carrier. The factors leading to …
Full SummaryTeschner v. Yarish, [1995] O.J. No. 1569, (Ont. Ct. Gen.Div.)
This matter concerned a collision between two sailboats shortly before the commencement of a sailing race. The Plaintiff’s vessel was on a starboard tack. The Defendant’s vessel approached the Plaintiff’s vessel on the port side at an angle higher than the perpendicular. The Defendant attempted a starboard tack to cross in front of the Plaintiff but the manoeuvre was not …
Full SummarySwinburne v. Dike, 1995 CanLII 2374
This was a summary judgment application by a group of small vessel owners against a marina for damage caused to their vessels when the marina broke apart during a severe storm. In defence of the claims the marina relied upon an exclusion clause in the moorage contracts that exempted it from liability for "loss of or damage to any property …
Full SummaryUsach Technologies Inc. v. Lamprecht Transport Ltd., No. T-1928-94, (F.C.T.D.)
In this matter the Court enforced a jurisdiction clause, contained in a through bill of lading, in favour of Switzerland. The Plaintiff attempted to argue that the clause had not been properly brought to its attention but the Court held that the Plaintiff knew of the existence of the clause and accepted it.
Full SummaryHamilton Marine & Engineering Ltd. v. CSL Group Inc., (1995), 95 F.T.R. 161
This matter involved the capsizing of a tug while it was assisting a larger vessel to undock. At issue in the case was the liability for the capsizing. The Federal Court Trial Division canvassed the rights and duties of tug and tow in such situations. It held that there is a presumption the tug is under the control of the …
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