Goodman Yachts LLC v. The "Gertrude Oldendorff" et al., 2003 FCT 752

In Admiralty Practice, Other Practice Topics on (Updated )

This was an application for a first stage contempt order, pursuant to Rule 467, brought against two Defendants by the Applicant, also a Defendant in the action. The underlying action involved the loss of a yacht being carried on the deck of the Defendant vessel from Singapore for delivery at Vancouver. The alleged contempt arose out of a loss of …

Full Summary

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 …

Full Summary

Gearbulk Pool Ltd. v. Scac Transport Canada Ltd., 2002 FCT 353

In Admiralty Practice, Other Practice Topics on (Updated )

This was an appeal from a determination of a point of law under Rule 220 of the Federal Court Rules, 1998 which proceeded under an Agreed Statement of Facts. The issue was whether a mutual release in a cargo action was a bar to the claim by Gearbulk, the Plaintiff in the present action, for damages for loss of freight …

Full Summary

Shipdock Amsterdam B.V. v. Cast Group Inc., 2000 CanLII 15071

In Admiralty Practice, Other Practice Topics on (Updated )

This case is of importance in that it reiterates that a solicitor should not file his or her own affidavit on a motion when the solicitor or a member of his or her firm argues the motion. The Court noted that there are exceptions to this rule such as where the solicitor is the only person who can depose to …

Full Summary