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The Federal Court dismissed Commodore’s claim for unpaid ship-repair invoices and entered judgment for Tyee, finding Commodore’s work was defective and a fundamental breach.
The appeal is allowed in part: the arbitration clause in the Molasses Charter Party is validly incorporated and enforceable in Bill of Lading No.2; Bill of Lading No.1 does not incorporate the Molasses Charter Party on the record and rectification could not be granted; arbitration in New York cannot be ordered because section 46 of the Marine Liability Act gives the claimant the statutory right to proceed in Canada; the Court may stay proceedings to allow arbitration in Canada if parties agree, subject to the owner waiving any contractual time‑bar defence and filing an undertaking within 60 d…
Source excerpt
The Federal Court established a limitation fund under the Marine Liability Act, refused to stay the action, and enjoined parallel proceedings arising from a boating collision.
The Federal Court dismissed a Rule 51 appeal and upheld leave to file a further affidavit after cross-examination, finding no reviewable error in the Prothonotary’s discretionary balancing.
Supplementary judgment on costs and interest after a cargo-loss dispute, awarding lump sum costs, disbursements, and 5% pre- and post-judgment interest.
The Federal Court stayed Stryder King Holdings Ltd.’s claim to vessel-sale proceeds after finding its secured claim had already been finally disallowed in bankruptcy.
The Federal Court awarded Baffin Fisheries 2000 Limited to pay $500 in costs to the Attorney General of Canada after a consent order vacated the vessel’s arrest warrant.
The Federal Court registered a foreign maritime arbitral award, ordered payment of the award sums with interest, authorized sale of the ship, and allowed related enforcement steps.
Summary judgment was granted to the Ship-Source Oil Pollution Fund against the defendant for recoverable cleanup costs, with the court finding no genuine issue for trial.
The Federal Court granted default judgment for pollution-response costs paid by the Ship-source Oil Pollution Fund, with interest under the Marine Liability Act.
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