Précis: Interest accrues in maritime law cases regardless of whether it is addressed in a contract.
Full SummaryLindsay v. Spiller, 2009 BCSC 575
This was a dispute over the repair of a motor yacht. The repairer claimed for repair costs, storage and other costs. The boat owner alleged that some of the work and expenses were incurred without his authority and that other amounts were not properly itemized and were not reasonable. The Court extensively reviewed the evidence and agreed, in part, with …
Full Summary656925 B.C. Ltd. v. Cullen Diesel Power Ltd., 2009 BCSC 260
This was a summary trial application by the defendant to dismiss the claim of the plaintiff on the basis that the contract of repair between the parties included an exclusion clause. The Court held there was insufficient evidence to grant a summary judgment and dismissed the application. However, in the course of its reasons the Court noted that exclusion clauses …
Full SummaryNanaimo Shipyard Ltd. v. Keith, 2008 BCSC 1150
The Defendant’s vessel ran aground and was severely damaged near Nanaimo, B.C. The grounding occurred a mere 100 yards from the Plaintiff’s shipyard. The Plaintiff’s employees secured the vessel, brought it to the shipyard and hauled it out of the water. The next day the Defendant was presented with a work order for the work done the previous day. The …
Full SummaryDeep Shore Marine Contracting Inc. v. The "Polish Princess", 2005 FC 1469
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 …
Full SummaryMatson Navigation v. Victoria Shipyard Co., 2001 BCSC 1344
The Plaintiff in this matter claimed that the Defendant Shipyard had obstructed a vent with sandblast grit in the No. 5 port wing ballast tank while sandblasting during a refit. As a result of the obstruction, the ballast tank became over-pressurized during ballasting operations and significant damage was caused to the hull. Upon inspection approximately 76 pounds of compacted sand …
Full SummaryGaudet v. Gallien Boats Ltd., 1995 CanLII 3457
This was an action against a boat builder for damages in negligence and for breach of the implied warranties under the Sale of Goods Act. The Defendant had installed a breather on the Plaintiff’s engine. The motor was subsequently damaged when a nut from the breather became lodged in a piston. The Defendant was held liable for the damages.
Full Summary