Ehler Marine & Industrial Service Co. v. M/V Pacific Yellowfin (Ship)

Ehler Marine & Industrial Service Co. v. M/V Pacific Yellowfin (Ship)

An objective reasonable bystander would conclude the Final Estimate's figures for the disputed items were firm prices; after discovery of the mistake the parties proceeded based on the Original Contract so prices for disputed items must be pro-rated by number of seams (not linear footage); change in physical nature of work (bilge oil cleanup) justified quantum meruit recovery; credit card fee was not agreed; counterclaim for launch damage lacked sufficient admissible evidence; judgment entered for plaintiff on unpaid balance $48,325.78 plus 5% interest, counterclaim dismissed.

Citation
2015 FC 324
Parties
Plaintiff / Defendant by Counterclaim: Ehler Marine & Industrial Service Co.; Defendants: The Owners and All Others Interested in the Ship M/V Pacific Yellowfin, Colin Griffinson, Marelon Griffinson and Great Bear Coastal Maritime Co. Ltd.; Plaintiffs by Counterclaim: Colin Griffinson, Marelon Griffinson and Great Bear Coastal Maritime Co. Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 March 2015
Procedural Posture
Admiralty Action in Rem and in Personam / Judgment
Outcome
Plaintiff judgment for unpaid balance; Defendants jointly and severally liable to pay; Counterclaim dismissed
Legal Topics
Contract Formation, Estimate Vs Quote, Mistake in Contract, Quantum Meruit, Damages From Launch, Pre Judgment Interest, Costs
Source Language
English
Admiralty Contract Law Maritime Law Tort Law Contract Formation Estimate Vs Quote Mistake in Contract Quantum Meruit +3 more

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Parties

Ehler Marine & Industrial Service Co.

Plaintiff / Defendant by Counterclaim

The Owners and All Others Interested in the Ship M/V Pacific Yellowfin, Colin Griffinson, Marelon Griffinson and Great Bear Coastal Maritime Co. Ltd.

Defendants

Colin Griffinson, Marelon Griffinson and Great Bear Coastal Maritime Co. Ltd.

Plaintiffs by Counterclaim

Procedural Posture

Admiralty Action in Rem and in Personam / Judgment

Legal Issues

  1. 1 Whether the Final Estimate constituted a binding quote or an estimate to be charged on time and materials
  2. 2 Whether the parties amended the contract at haul-out and on what terms
  3. 3 Appropriate method to pro-rate price for increased work (seams v linear footage)

Ratio Decidendi

An objective reasonable bystander would conclude the Final Estimate's figures for the disputed items were firm prices; after discovery of the mistake the parties proceeded based on the Original Contract so prices for disputed items must be pro-rated by number of seams (not linear footage); change in physical nature of work (bilge oil cleanup) justified quantum meruit recovery; credit card fee was not agreed; counterclaim for launch damage lacked sufficient admissible evidence; judgment entered for plaintiff on unpaid balance $48,325.78 plus 5% interest, counterclaim dismissed.

Court Disposition

Plaintiff judgment for unpaid balance; Defendants jointly and severally liable to pay; Counterclaim dismissed

Orders

  • Defendants jointly and severally liable to pay the Plaintiff the sum of $48,325.78 plus interest at 5%
  • The Counterclaim is dismissed