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Newsletter > 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.

This newsletter is published to keep our clients and friends informed of new and important legal developments. It is intended for information purposes only and does not constitute legal advice. You should not act or fail to act on anything based on any of the material contained herein without first consulting with a lawyer. The reading, sending or receiving of information from or via the newsletter does not create a lawyer-client relationship. Unless otherwise noted, all content on this newsletter (the “Content”) including images, illustrations, designs, icons, photographs, and written and other materials are copyrights, trade-marks and/or other intellectual properties owned, controlled or licensed by Fernandes Hearn LLP. The Content may not be otherwise used, reproduced, broadcast, published,or retransmitted without the prior written permission of Fernandes Hearn LLP.

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