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Newsletters
> June 2004
Recent Cases
Atlantic Yacht & Ship Inc. v. "Status Quo"
(The), [2003] FC 965, [2004] 1 F.C.R. D-6 (Fed. T.D.): The claimant
entered into a brokerage agreement with a shipbuilder for finding
new customers. The builder went bankrupt. The vessel subject to
the agreement was arrested. Held: The arrest was lifted. The vessel
owner was not a party to the contract between the broker and the
shipbuilder.
1340232 Ontario Inc. v. St. Lawrence Seaway Management
Corporation (2004), 2004 F.C. 209 (Fed. T.D.): The plaintiff commenced
an action to recover for business losses resulting from the closing
of a bridge on the Seaway. The bridge had been damaged when a ship
collided with it. Held: The claim for pure economic loss was dismissed.
Elders Grain Co. v. "Ralph Misener" (The),
[2003] FC 837, [2004] 1 F.C.R. D-5 (Fed. T.D.): A fire broke out
in a cargo of alfalfa pellets. Held: There was spontaneous combustion
of the pellets. The pellets were dangerous cargo. The shipowner
was not liable for the damage to cargo. The cargo owner was liable
for damages to the ship.
Mediterranean Shipping Company S.A. v. BPB Westroc
Inc., [2003] FC 942, [2004] F.C.R. D-14 (Fed. T.D.): A consignee
paid a freight forwarder for the ocean freight. The forwarder went
bankrupt. Held: A shipper remains liable to a carrier unless it
can present clear and unequivocal evidence that the carrier somehow
released it from liability.
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