Calogeras & Master Supplies Inc v. Ceres Hellenic Shipping Enterprises Ltd., 2011 FC 1276, 2012 FCA 244

In Admiralty Practice, Costs and Security for Costs on (Updated )

The plaintiff, ship chandler, had been successful at trial and was awarded damages of approximately $100,000 for unpaid invoices. The plaintiff now sought to recover its legal fees, which were recoverable pursuant to the terms of the contract. The defendant also sought costs on the basis that the plaintiff’s award did not exceed a settlement offer the defendants had made. …

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Calogeras & Master Supplies Inc. v. Ceres Hellenic Shipping Enterprises Ltd., 2012 FCA 79

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

The plaintiff had obtained a judgment against the defendant for $100,000 plus interest and a costs award of approximately $35,000. The defendant had also been awarded costs in the amount of approximately $160,000 from the date of an offer it had made and had been given the right to set-off its costs award against amounts owing to the plaintiff. The …

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Locher Evers International v. Canada Garlic Distribution Inc., 2008 FC 319

In Carriage of Goods by Sea on (Updated )

This was an action for the recovery of freight in relation to the carriage of produce from China to Toronto. The Defendant did not dispute the freight was owing but alleged a right to set-off and argued that the agreement ousted the jurisdiction of the Federal Court. The agreement between the parties expressly incorporated the Ciffa terms and those terms …

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Barber Dubai Shipping Agencies Co. v. Angel Maritime Inc., 002 CanLII 38097

In Charters of Ships on (Updated )

This was a dispute over fees payable to a broker by a shipowner. The charter party provided for daily demurrage which had been unpaid by the charterer. The shipowner attempted to set-off the unpaid demurrage from the fees payable to the broker. Both at first instance and on appeal the court held that the shipowner was not entitled to claim …

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Mediterranean Shipping company S.A. v. Sipco Inc., 2001 FCT 1046

In Carriage of Goods by Sea on (Updated )

The Plaintiff in this action claimed against the Defendant for ocean freight owing in respect of the carriage by sea of nine containers from Toronto to the Persian Gulf. The Defendant admitted non-payment of freight but alleged that it was entitled to a set-off and brought a counterclaim alleging breaches of the contract by the Plaintiff. Specifically, the Defendant alleged …

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Prior v. The "Talapus", 2000 CanLII 15911

In Miscellaneous Maritime Law Topics on (Updated )

This was an action for unpaid seaman’s wages. The Defendant defended the claim, inter alia, on the basis that a set-off should be made for food and accommodations supplied to the crew. The Court did not allow the set-off for these items as the evidence did not support that they were to be an agreed deduction.

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Pantainer Ltd. v. 996660 Ontario Ltd., 2000 CanLII 15080

In Carriage of Goods by Sea on (Updated )

This was a claim for freight charges owing. The Defendant alleged that it was entitled to a set-off for damage caused to cargo carried by the Defendant. The Court held the general rule was that freight is to be paid without deduction and that the Defendant accordingly had no right of set-off. One of the issues in this case was …

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Halla Merchant Marine Co. Ltd. v. The "Lok Maheshwari" et. al., 1997 No. T-279-96 (F.C.T.D.)

In Charters of Ships on (Updated )

This was an application for summary judgment by the disponent owner of the Defendant ship against the charterer for charter hire. The charterer defended the application on the grounds that it had a right of set off in respect of a claim for demurrage. The Court held that there was no valid right of set off because the hire claim …

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