Gilling v. Cox

Gilling v. Cox

The plaintiff proved ownership and lack of lawful authority by the defendant to sell; the March 1, 1994 Bill of Sale was void and of no effect and the plaintiff is the owner; however, plaintiff failed to prove quantifiable damages arising from the conversion and had settled with the third-party owner, so declarations granted but damage claims dismissed and no costs awarded.

Citation
2004 FC 1743
Parties
Plaintiff: Douglas Gilling; Defendant: Allen Cox; Third Party Defendant (settled): Denise Sheppard; Third Party Defendant (settled): Her Majesty the Queen in right of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
15 December 2004
Procedural Posture
Civil Action Conversion of Chattel / Admiralty (ship) / Judgment After Trial (reasons for Judgment and Judgment)
Outcome
Action allowed in part: declarations in favour of plaintiff; all other relief dismissed; no costs awarded.
Legal Topics
Conversion, Agency and Power of Attorney, Damages, Registration of Ship, Proof of Foreign Law (lex Fori)
Source Language
English
Tort Property Admiralty/maritime Law Conflict of Laws Civil Procedure Conversion Agency and Power of Attorney Damages +2 more

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Parties

Douglas Gilling

Plaintiff

Allen Cox

Defendant

Denise Sheppard

Third Party Defendant (settled)

Her Majesty the Queen in right of Canada

Third Party Defendant (settled)

Procedural Posture

Civil Action Conversion of Chattel / Admiralty (ship) / Judgment After Trial (reasons for Judgment and Judgment)

Legal Issues

  1. 1 Whether plaintiff was lawful owner or entitled to immediate possession
  2. 2 Whether defendant had authority (actual or ostensible) to sell the vessel
  3. 3 Whether sale to third party was valid and whether conversion occurred

Ratio Decidendi

The plaintiff proved ownership and lack of lawful authority by the defendant to sell; the March 1, 1994 Bill of Sale was void and of no effect and the plaintiff is the owner; however, plaintiff failed to prove quantifiable damages arising from the conversion and had settled with the third-party owner, so declarations granted but damage claims dismissed and no costs awarded.

Court Disposition

Action allowed in part: declarations in favour of plaintiff; all other relief dismissed; no costs awarded.

Orders

  • The Bill of Sale purporting to sell the vessel September to Denise Sheppard dated March 1, 1994, is void and of no effect.
  • The owner of the vessel September (a.k.a. Desperado) is the plaintiff, Douglas Gilling.