Date:
20130408
Docket:
A-458-12
Citation:
2013 FCA 93
CORAM: PELLETIER
J.A.
GAUTHIER
J.A.
TRUDEL
J.A.
BETWEEN:
COMFACT
CORPORATION
Appellant
and
THE SHIP IDENTIFIED AS "HULL 717"
AND
HER OWNERS AND ALL THOSE
INTERESTED
IN
THE SHIP IDENTIFIED "HULL 717"
Respondents
Heard
at Montréal, Quebec, on April 8, 2013.
Judgment
delivered from the Bench at Montréal, Quebec, on April 8, 2013.
REASONS FOR JUDGMENT BY: THE
COURT
Date:
20130408
Docket:
A-458-12
Citation:
2013 FCA 93
CORAM: PELLETIER
J.A.
GAUTHIER
J.A.
TRUDEL
J.A.
BETWEEN:
COMFACT
CORPORATION
Appellant
and
THE SHIP IDENTIFIED AS "HULL 717"
AND
HER OWNERS AND ALL THOSE
INTERESTED
IN
THE SHIP IDENTIFIED "HULL 717"
Respondents
REASONS FOR JUDGMENT BY
THE COURT
(Delivered
from the Bench at Montréal, Quebec, on April 8, 2013)
[1]
We
have not been persuaded that the provision of manpower to a shipbuilder for the
construction of a vessel amounts to the provision of services for the operation
or maintenance of a vessel within the meaning of paragraph 139(2)(a) of the Marine
Liability Act, SC 2001, c 6.
[2]
We
agree with Harrington J.’s dismissal of the action and this appeal will
therefore be dismissed with costs.
"J.D. Denis
Pelletier"
"Johanne Gauthier"
"Johanne Trudel"
FEDERAL COURT OF
APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-458-12
(APPEAL
FROM A JUDGMENT OF THE FEDERAL COURT DATED OCTOBER 1, 2012, DOCKET NO.
T-2112-11)
STYLE OF CAUSE: Comfact Corporation v.
The Ship identified as
“Hull 717”
et
al
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April
8, 2013
REASONS FOR JUDGMENT
OF THE COURT BY: THE
COURT
DELIVERED FROM THE
BENCH BY: GAUTHIER,
J.A.
APPEARANCES:
|
David
Colford
|
FOR
THE APPELLANT
|
|
John
G. O'Connor
|
FOR
THE RESPONDENTS
|
SOLICITORS
OF RECORD:
|
BRISSET,
BISHOP
Montréal, Quebec
|
FOR THE APPELLANT
|
|
LANGLOIS
KRONSTRÖM DESJARDINS
Québec,
Quebec
|
FOR THE RESPONDENTS
|
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