Commodore’s Boats Ltd. v. Tyee Shepard (Ship)

Commodore’s Boats Ltd. v. Tyee Shepard (Ship)

The court accepted the evidence of Tyee's expert (Braconnier) over Commodore’s expert, concluded Commodore’s repair work was defective and amounted to a fundamental breach of the repair agreement, found Tyee was not obliged to pay the three outstanding invoices, and ordered that Commodore repay monies received; accordingly Commodore’s action was dismissed and judgment awarded to Tyee in the amount of $233,234.30 plus interest.

Citation
2025 FC 1051
Parties
Plaintiff (defendant by Counterclaim): Commodore’s Boats Ltd.; Defendant (plaintiff by Counterclaim): The Owners and All Others Interested in the Ship (Tyee Shepard); Defendant (plaintiff by Counterclaim): Tyee Pacific Marine Operations Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
11 June 2025
Procedural Posture
Admiralty and Maritime; Contract Dispute / Summary Trial Judgment (motion for Summary Trial)
Outcome
Plaintiff’s action dismissed; judgment entered for Defendants (Tyee)
Legal Topics
Ship Repairs, Breach of Contract, Unjust Enrichment, Mitigation of Damages, Expert Evidence, Seaworthiness, Set Off / Counterclaim
Source Language
English
Admiralty and Maritime Law Contract Law Tort — Negligence Civil Procedure — Summary Judgment Ship Repairs Breach of Contract Unjust Enrichment Mitigation of Damages +3 more

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Parties

Commodore’s Boats Ltd.

Plaintiff (defendant by Counterclaim)

The Owners and All Others Interested in the Ship (Tyee Shepard)

Defendant (plaintiff by Counterclaim)

Tyee Pacific Marine Operations Ltd.

Defendant (plaintiff by Counterclaim)

Procedural Posture

Admiralty and Maritime; Contract Dispute / Summary Trial Judgment (motion for Summary Trial)

Legal Issues

  1. 1 Whether money is due to the Plaintiff for three unpaid invoices for ship repairs
  2. 2 Whether Defendant Tyee is entitled to recover monies paid because the repair work was defective and cannot be reasonably remediated
  3. 3 Whether Tyee is entitled to recover monies paid for materials not used on the grounds of unjust enrichment

Ratio Decidendi

The court accepted the evidence of Tyee's expert (Braconnier) over Commodore’s expert, concluded Commodore’s repair work was defective and amounted to a fundamental breach of the repair agreement, found Tyee was not obliged to pay the three outstanding invoices, and ordered that Commodore repay monies received; accordingly Commodore’s action was dismissed and judgment awarded to Tyee in the amount of $233,234.30 plus interest.

Court Disposition

Plaintiff’s action dismissed; judgment entered for Defendants (Tyee)

Orders

  • Plaintiff’s action dismissed
  • Judgment for Defendants in the amount of 233,234.30 plus interest pursuant to the Federal Courts Act, R.S.C. 1985, c. F-7