Universal Sales Limited v. Edinburgh Assurance Co. Ltd., 2012 FC 1192

In Costs and Security for Costs, Marine Insurance on (Updated )

In prior reasons (2012 FC 418) the plaintiff had been awarded judgment against the defendants in the amount of approximately $5 million. These reasons dealt with the outstanding issues of interest and costs. With respect to interest, the issues were: should the plaintiff be deprived of part of the interest because of delay in prosecuting the matter; from what date …

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Calogeras & Master Supplies Inc. v. Ceres Hellenic Shipping Enterprises Ltd., 2010 FC 1318, 2011 FCA 334

In Ship Suppliers on (Updated )

The plaintiff in this matter was a ship chandler who had supplied various ships managed by the defendant over a number of years. This action was for payment of invoices in respect of those supplies as well as interest and legal fees, which fees were recoverable pursuant to the terms of the contract. The case primarily turned on its particular …

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Omega Salmon Group Ltd. v. The "Pubnico Gemini", 2007 BCCA 33

In Collisions and Ships on (Updated )

The Plaintiff was the owner of a fish farm that was damaged when the “Pubnico Gemini” collided with it. Liability for the collision was admitted and the only issues were in relation to damages. Specifically, the Defendants argued that: (i) the damages should be based on the cost to repair the damaged fish pens rather than the cost of replacement; …

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Coath v. The "Bruno Gerussi", 2002 FCT 385

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was an application for default judgment in personam and in rem. The Prothonotary granted the judgment in personam but refused the judgement in rem as the Statement of Claim had not been served on the vessel but instead had merely been given to the person in charge of the vessel. The Prothonotary noted that such service would only be …

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MacKay v. Scott Packing & Warehousing Co., 1999 CanLII 7401

In Carriage of Goods by Sea on (Updated )

This was a reference to determine the damages of the Plaintiff based upon a limitation of liability clause contained in the contract of carriage. The limitation clause limited the defendant’s liability to 10 pounds sterling per cubic foot of the cubic capacity of the item lost or damaged or, at the Defendant’s option, to the cost of repair or replacement. …

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