Duval v. Seapace (Ship)

Duval v. Seapace (Ship)

The defendants failed to meet the heavy burden on summary judgment of showing there is no genuine issue for trial regarding the plaintiff's claim for loss of income after July 5, 2017; issues concerning the effect of the CNESST Review Decision, privity/mutuality and the applicable law require trial adjudication and Wärtsilä does not automatically displace common law estoppel or permit summary disposition in these circumstances.

Citation
2022 FC 575
Parties
Plaintiff: Yves Duval; Defendants: The Ship SEAPACE and the Owners and All Others Interested in the Ship SEAPACE and Courtesy Shipping Inc. and Thenamaris Ship Management Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
21 April 2022
Procedural Posture
Maritime Negligence (personal Injury) / Motion for Summary Judgment (denied); Pre Trial (trial Scheduled November 2022)
Outcome
Defendants' motion for summary judgment dismissed
Legal Topics
Issue Estoppel, Abuse of Process, Res Judicata (chose Jugée), Workers' Compensation Impact, Summary Judgment Test, Choice of Law (wärtsilä)
Source Language
English
Maritime Law Admiralty Tort Law Administrative Law Civil Procedure Issue Estoppel Abuse of Process Res Judicata (chose Jugée) +3 more

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Parties

Yves Duval

Plaintiff

The Ship SEAPACE and the Owners and All Others Interested in the Ship SEAPACE and Courtesy Shipping Inc. and Thenamaris Ship Management Inc.

Defendants

Procedural Posture

Maritime Negligence (personal Injury) / Motion for Summary Judgment (denied); Pre Trial (trial Scheduled November 2022)

Legal Issues

  1. 1 Whether the CNESST Review Decision precludes the plaintiff from claiming loss of income and diminished future earning capacity after July 5, 2017
  2. 2 Whether common law issue estoppel or abuse of process applies or whether Quebec civil law (article 2848 CCQ) governs by virtue of Wärtsilä
  3. 3 Whether the defendants meet the heavy burden on summary judgment to show there is no genuine issue for trial

Ratio Decidendi

The defendants failed to meet the heavy burden on summary judgment of showing there is no genuine issue for trial regarding the plaintiff's claim for loss of income after July 5, 2017; issues concerning the effect of the CNESST Review Decision, privity/mutuality and the applicable law require trial adjudication and Wärtsilä does not automatically displace common law estoppel or permit summary disposition in these circumstances.

Court Disposition

Defendants' motion for summary judgment dismissed

Orders

  • Defendants' motion for summary judgment dismissed
  • Costs to the Plaintiff at the mid-point of Column III of Tariff B of the Federal Courts Rules