Trans-Tec Services Inc. v. Lyubov Orlova (The)
The trial judge's factual finding that the appellant accepted monies in full payment constituted accord and satisfaction; that finding was reasonable and did not attract appellate intervention; appeal dismissed with costs.
Source-derived case information.
- Citation
- 2002 FCA 275
- Parties
- Appellant: TRANS-TEC SERVICES INC.; Respondent: THE SHIP "LYUBOV ORLOVA" ET AL.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 25 June 2002
- Procedural Posture
- Appeal / Appeal From Trial Division Order Dated August 28, 2001
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Accord and Satisfaction, Acceptance of Payment, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TRANS-TEC SERVICES INC.
Appellant
THE SHIP "LYUBOV ORLOVA" ET AL.
Respondent
Procedural Posture
Appeal / Appeal From Trial Division Order Dated August 28, 2001
Legal Issues
- 1 Whether the trial judge erred in finding appellant accepted payment in full settlement
- 2 Whether the appeal should be allowed and the order set aside
Ratio Decidendi
The trial judge's factual finding that the appellant accepted monies in full payment constituted accord and satisfaction; that finding was reasonable and did not attract appellate intervention; appeal dismissed with costs.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Trans-Tec Services Inc. v. Lyubov Orlova (The) Court (s) Database Federal Court of Appeal Decisions Date 2002-06-25 Neutral citation 2002 FCA 275 File numbers A-491-01 Decision Content Date: 20020625 Docket: A-491-01 Neutral citation: 2002 FCA 275 CORAM: DESJARDINS J.A. LINDEN J.A. SEXTON J.A. BETWEEN: TRANS-TEC SERVICES INC. Appellant and THE SHIP "LYUBOV ORLOVA" ET AL. Respondent Heard at St. John's, Newfoundland, on June 25, 2002. Judgment delivered from the bench at St. John's, Newfoundland, on June 25, 2002. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20020625 Docket: A-491-01 Neutral citation: 2002 FCA 275 CORAM: DESJARDINS J.A. LINDEN J.A. SEXTON J.A. BETWEEN: TRANS-TEC SERVICES INC. Appellant and THE SHIP "LYUBOV ORLOVA" ET AL. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench on June 25, 2002) DESJARDINS J.A. [1] We have not been persuaded that MacKay J. made any error which warrants our intervention. He assessed the evidence and relied on the conduct of the party, which conduct made it clear that the appellant accepted the monies in full payment of its claims with regard to the respondent's ship "LYUBOY ORLOVA" (Trans-Tec Services Inc. v. Lyubov Orlova (The), [2001] F.C.J. No. 1325). [2] This appeal will therefore be dismissed with costs. "Alice Desjardins" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-491-01 APPEAL FROM ORDER OF THE TRIAL DIVISION DATED AUGUST 28, 2001, TRIAL DIVISION FILE NO. T-1723-00 STYLE OF CAUSE: TRANS-TEC SERVICES INC. v. THE SHIP "LYUBOV ORLOVA" ET AL. PLACE OF HEARING: St. John's, Newfoundland DATE OF HEARING: June 25, 2002 REASONS FOR JUDGMENT OF THE COURT (Desjardins, Linden, Sexton JJ.A.) RENDERED FROM THE BENCH BY: Desjardins, J.A. APPEARANCES: Mr. Jean-François Bilodeau for the Appellant Mr. John R. Sinnott, Q.C. for the Respondents SOLICITORS OF RECORD: Flynn, Rivard for the Appellant Montreal, Quebec Mr. Morris Rosenberg for the Respondents Deputy Attorney General of Canada