Cores Worldwide Inc. v. Camilla (Ship)

Cores Worldwide Inc. v. Camilla (Ship)

The motion was dismissed because material and contested factual issues exist about the condition, age and use of the generator and payments, and the applicant did not establish there is no genuine issue for trial.

Citation
2004 FC 1160
Parties
Plaintiff: CORES WORLDWIDE INC.; Defendant (in Rem): THE SHIP M/V "CAMILLA"; Defendant (in Personam): STAR LINE INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
20 August 2004
Procedural Posture
Admiralty Action (in Rem and in Personam) / Motion for Summary Judgment (dismissed)
Outcome
Motion for summary judgment dismissed.
Legal Topics
Summary Judgment, Sale of Goods, Breach of Contract, Counterclaim, Evidence
Source Language
English
Admiralty Contract Civil Procedure Commercial Law Summary Judgment Sale of Goods Breach of Contract Counterclaim +1 more

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Parties

CORES WORLDWIDE INC.

Plaintiff

THE SHIP M/V "CAMILLA"

Defendant (in Rem)

STAR LINE INC.

Defendant (in Personam)

Procedural Posture

Admiralty Action (in Rem and in Personam) / Motion for Summary Judgment (dismissed)

Legal Issues

  1. 1 Whether summary judgment was appropriate given factual disputes
  2. 2 Whether the generator was defective or as represented at sale
  3. 3 Whether the buyer's use of fuel caused the generator's failure

Ratio Decidendi

The motion was dismissed because material and contested factual issues exist about the condition, age and use of the generator and payments, and the applicant did not establish there is no genuine issue for trial.

Court Disposition

Motion for summary judgment dismissed.

Orders

  • The motion for summary judgment is dismissed.