Docket: A-32-16
Citation: 2016 FCA 307
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CORAM:
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PELLETIER J.A.
SCOTT J.A.
DE MONTIGNY J.A.
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BETWEEN:
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WORLDSPAN
MARINE INC.
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Appellant
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and
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HARRY SARGEANT
III AND COMERICA BANK
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Respondents
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Heard at Vancouver, British Columbia, on November 30, 2016.
Judgment delivered from the Bench at Vancouver, British Columbia, on
November 30, 2016.
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REASONS FOR JUDGMENT OF THE COURT BY:
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PELLETIER
J.A.
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Docket: A-32-16
Citation:
2016 FCA 307
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CORAM:
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PELLETIER J.A.
SCOTT J.A.
DE MONTIGNY J.A.
|
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BETWEEN:
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WORLDSPAN
MARINE INC.
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Appellant
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and
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HARRY SARGEANT
III AND COMERICA BANK
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Respondents
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British
Columbia, on November 30, 2016).
PELLETIER J.A.
[1]
Worldspan Marine Inc. (Worldspan) appeals from a
decision of the Federal Court, reported at 2016 FC 27, in which the Federal
Court held that Harry Sargeant III (Sargeant) was not required to pay Worldspan
any amounts which it may be found to owe to Worldspan pursuant to a Vessel
Construction Agreement as a condition of exercising its rights under a ship’s
mortgage granted to it by Worldspan.
[2]
We have not been persuaded that the Federal
Court committed a palpable and overriding error in coming to the conclusion
which it did. Mr. Wharton, counsel for Worldspan skillfully laid out a
contractual interpretation which would support the conclusion which he seeks.
Unfortunately for his client, the Federal Court adopted an equally plausible
construction which supports a different conclusion. To the extent that there is
evidence which would support the FC’s conclusion, and there is, this Court
cannot intervene.
[3]
As a result, the appeal will be dismissed with
costs.
"J.D. Denis Pelletier"
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
(APPEAL FROM AN ORDER AND REASONS OF THE
HONOURABLE MR. JUSTICE SOUTHCOTT OF THE FEDERAL COURT, DATED JANUARY 8, 2016,
DOCKET NO. T-1226-10)
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STYLE OF CAUSE:
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WORLDSPAN
MARINE INC. v. HARRY SARGEANT III AND COMERICA BANK
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PLACE OF
HEARING:
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VANCOUVER,
BRITISH COLUMBIA
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DATE OF
HEARING:
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NOVEMBER 30, 2016
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REASONS
FOR JUDGMENT OF THE COURT BY:
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PELLETIER J.A.
SCOTT J.A.
DE MONTIGNY
J.A.
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DELIVERED
FROM THE BENCH BY:
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PELLETIER
J.A.
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APPEARANCES:
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W. Gary Wharton
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FOR THE APPELLANT
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Kieran E. Siddall
Kaitlin Smiley
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For The
Respondent
HARRY SARGEANT III
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John I. McLean, Q.C.
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For The
Respondent
COMERICA BANK
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SOLICITORS OF RECORD:
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Bernard LLP
Barristers and Solicitors
Vancouver,
British Columbia
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For The
Appellant
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Bull, Housser & Tupper LLP
Barristers and Solicitors
Vancouver,
British Columbia
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For The
Respondent
HARRY SARGEANT III
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Gowling WLG (Canada) LLP
Barristers and Solicitors
Vancouver, British Columbia
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For The
Respondent
COMERICA BANK
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