Date:
20160420
Docket:
T-940-13
Citation:
2016 FC 447
Ottawa, Ontario, April 20, 2016
PRESENT: The
Honourable Madam Justice Heneghan
ADMIRALTY ACTION IN REM AND IN
PERSONAM
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BETWEEN:
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AGF STEEL INC.
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Plaintiff
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and
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Miller Shipping Limited, Midnight Marine Limited,
The Tug “Western Tugger”, the Owners and all Others Interested in the Tug
“Western Tugger”, The Barge “Arctic Lift 1”, the Owners and all Others
Interested in the Barge “Arctic Lift 1”, the Tug “Northern Tugger”, the
Owners and all Others Interested in the Tug “Northern Tugger”, the Barge
“Lablift”, the Owners and all Others Interested in the Barge “Lablift”, and
Marine Services International (2008) LTd.
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Defendants
and
MILLER SHIPPING LIMITED
Third Party
AND
BETWEEN:
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MILLER
SHIPPING LIMITED AND MIDNIGHT MARINE LIMITED
Plaintiffs by Counterclaim
and
AGF
STEEL INC. AND MARINE SERVICES INTERNATIONAL (2008) LTD.
Defendants by Counterclaim
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JUDGMENT
THIS COURT’S JUDGMENT is that this
motion for summary judgment is granted in part, the Contract is a charterparty
and as such the Hague-Visby Rules, being Schedule 3 of the Marine
Liability Act, S.C. 2001, c.6 do not apply.
The remaining issues will proceed to trial.
The Moving Parties are entitled to costs in respect of
their success; brief submissions on costs may be filed within two weeks of this
judgment if the parties cannot otherwise agree on costs.
"E. Heneghan"
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