Deep Shore Marine Contracting Inc. v. Polish Princess (Ship)

Deep Shore Marine Contracting Inc. v. Polish Princess (Ship)

The court held that the plaintiff performed the services in the June 8, 2003 invoice and is owed the full amount billed; the defendant failed to prove on the balance of probabilities that Deep Shore's conduct caused the alleged water damage or that delay by Deep Shore caused loss of sale; the invoice interest rate was unenforceable because the parties were not ad idem; judgment awarded to plaintiff for $12,776.20 with pre-judgment interest at the rate for monies paid into Court from June 8, 2003, and the counterclaim was dismissed; costs to plaintiff.

Citation
2005 FC 1469
Parties
Plaintiff (defendant by Counterclaim): Deep Shore Marine Contracting Inc.; Defendant (plaintiff by Counterclaim): The Owners and All Others Interested in the Ship M.V. "Polish Princess"
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 October 2005
Procedural Posture
Admiralty Action in Rem / Reasons for Judgment (final Decision)
Outcome
Judgment for plaintiff; counterclaim dismissed; costs awarded to plaintiff
Legal Topics
Vessel Repair Contract, In Rem Arrest, Counterclaim for Property Damage, Expert Evidence Admissibility and Weight, Pre Judgment Interest, Duty to Mitigate
Source Language
English
Admiralty and Maritime Law Contract Law Tort Negligence Remedies Damages and Interest Evidence Expert Witnesses Vessel Repair Contract In Rem Arrest Counterclaim for Property Damage +3 more

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Parties

Deep Shore Marine Contracting Inc.

Plaintiff (defendant by Counterclaim)

The Owners and All Others Interested in the Ship M.V. "Polish Princess"

Defendant (plaintiff by Counterclaim)

Procedural Posture

Admiralty Action in Rem / Reasons for Judgment (final Decision)

Legal Issues

  1. 1 Were the services in the June 8, 2003 invoice requested and performed and what amounts are due?
  2. 2 Did the plaintiff cause water damage to the vessel and, if so, what is the quantum?
  3. 3 Was there delay by the plaintiff causing loss of sale and damages?

Ratio Decidendi

The court held that the plaintiff performed the services in the June 8, 2003 invoice and is owed the full amount billed; the defendant failed to prove on the balance of probabilities that Deep Shore's conduct caused the alleged water damage or that delay by Deep Shore caused loss of sale; the invoice interest rate was unenforceable because the parties were not ad idem; judgment awarded to plaintiff for $12,776.20 with pre-judgment interest at the rate for monies paid into Court from June 8, 2003, and the counterclaim was dismissed; costs to plaintiff.

Court Disposition

Judgment for plaintiff; counterclaim dismissed; costs awarded to plaintiff

Orders

  • Judgment in favour of plaintiff for $12,776.20
  • Pre-judgment interest at the rate applicable to monies paid into Court from June 8, 2003 to date of judgment and post-judgment interest until payment