Offshore Interiors Inc. v. Worldspan Marine Inc.

Offshore Interiors Inc. v. Worldspan Marine Inc.

On the balance of probabilities there was a valid contract between Offshore and Crescent and Crescent acted as agent of Worldspan; the defendants failed to establish a meritorious defence or justify an extension of time, therefore the Prothonotary did not err and the appeal is dismissed with costs.

Citation
2011 FC 904
Parties
Plaintiff: Offshore Interiors Inc.; Defendant: Worldspan Marine Inc.; Defendant: Crescent Custom Yachts Inc.; Defendant: The Owners and All Others Interested in the Vessel "QE014226C010"
Court
Federal Court
Jurisdiction
Canada
Judgment Date
19 July 2011
Procedural Posture
Admiralty Action in Rem and in Personam / Appeal From Prothonotary's Default Judgment and Refusal to Extend Time to File a Statement of Defence
Outcome
Appeal dismissed with costs
Legal Topics
Default Judgment, Extension of Time to File a Defence, Existence of Contract, Agency, Arrest of Vessel, Merits of Defence
Source Language
English
Admiralty and Maritime Law Contract Law Agency Law Civil Procedure Default Judgment Extension of Time to File a Defence Existence of Contract Agency +2 more

Case Brief

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Parties

Offshore Interiors Inc.

Plaintiff

Worldspan Marine Inc.

Defendant

Crescent Custom Yachts Inc.

Defendant

The Owners and All Others Interested in the Vessel "QE014226C010"

Defendant

Procedural Posture

Admiralty Action in Rem and in Personam / Appeal From Prothonotary's Default Judgment and Refusal to Extend Time to File a Statement of Defence

Legal Issues

  1. 1 Whether a valid contract existed between Offshore and Crescent
  2. 2 Whether Crescent acted as agent of Worldspan
  3. 3 Whether the defendants demonstrated a meritorious defence to justify an extension of time

Ratio Decidendi

On the balance of probabilities there was a valid contract between Offshore and Crescent and Crescent acted as agent of Worldspan; the defendants failed to establish a meritorious defence or justify an extension of time, therefore the Prothonotary did not err and the appeal is dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs