Capitaines Propriétaires de la Gaspésie (A.C.P.G.) Inc. v. Pêcheries Guy Laflamme Inc.

Capitaines Propriétaires de la Gaspésie (A.C.P.G.) Inc. v. Pêcheries Guy Laflamme Inc.

The one‑page Boat Handling contract contained an exclusion of liability that was sufficiently broad to cover negligence and to benefit the named operator; the contracting company received repeated copies of the contract and is charged with constructive notice; therefore the exclusion clause is valid, binding on Pêcheries Guy Laflamme Inc. and Guy Laflamme and available to Paulin Cotton, and the counterclaim fails.

Citation
2014 FC 456
Parties
Plaintiff/defendant by Counterclaim: Capitaines Propriétaires de la Gaspésie (A.C.P.G.) Inc.; Plaintiff/defendant by Counterclaim: Paulin Cotton; Plaintiff/defendant by Counterclaim: Axa Assurances Inc.; Defendant/plaintiff by Counterclaim: Pêcheries Guy Laflamme Inc.; Defendant/plaintiff by Counterclaim: Guy Laflamme
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 May 2014
Procedural Posture
Admiralty Action in Personam / Judgment on Liability; Counterclaim for Damages Dismissed
Outcome
Action allowed; exclusion clause upheld; counterclaim dismissed; costs to plaintiffs
Legal Topics
Exclusion Clause, Bailee Liability, Negligence, Notice of Contractual Terms, Pure Economic Loss, Stipulation for Another
Source Language
English
Maritime Law Admiralty Contract Law Tort Insurance Law Exclusion Clause Bailee Liability Negligence +3 more

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Parties

Capitaines Propriétaires de la Gaspésie (A.C.P.G.) Inc.

Plaintiff/defendant by Counterclaim

Paulin Cotton

Plaintiff/defendant by Counterclaim

Axa Assurances Inc.

Plaintiff/defendant by Counterclaim

Pêcheries Guy Laflamme Inc.

Defendant/plaintiff by Counterclaim

Guy Laflamme

Defendant/plaintiff by Counterclaim

Procedural Posture

Admiralty Action in Personam / Judgment on Liability; Counterclaim for Damages Dismissed

Legal Issues

  1. 1 Cause of incident
  2. 2 Negligence of ACPG or operator Paulin Cotton
  3. 3 Whether exclusion clause excludes negligence

Ratio Decidendi

The one‑page Boat Handling contract contained an exclusion of liability that was sufficiently broad to cover negligence and to benefit the named operator; the contracting company received repeated copies of the contract and is charged with constructive notice; therefore the exclusion clause is valid, binding on Pêcheries Guy Laflamme Inc. and Guy Laflamme and available to Paulin Cotton, and the counterclaim fails.

Court Disposition

Action allowed; exclusion clause upheld; counterclaim dismissed; costs to plaintiffs

Orders

  • The action is allowed
  • The exclusion of liability clause in the contract between the parties is valid, in effect and enforceable against Pêcheries Guy Laflamme Inc. and Guy Laflamme