Date: 20031002
Docket: A-668-02
Citation: 2003 FCA 366
CORAM: RICHARD C.J.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
THE SHIP "SABINA"
and
SABINA A.G.,
THE OWNERS OF THE SHIP "SABINA"
and
CARISBROOKE SHIPPING LIMITED
Appellants (Defendants)
and
CHAMPION INTERNATIONAL
CORPORATION
Respondent (Plaintiff)
Heard at Montreal, Quebec, on October 2, 2003.
Judgment delivered from the Bench at Montreal, Quebec, on October 2, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 20031002
Docket: A-668-02
Citation: 2003 FCA 366
CORAM: RICHARD C.J.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
THE SHIP "SABINA"
and
SABINA A.G.,
THE OWNERS OF THE SHIP "SABINA"
and
CARISBROOKE SHIPPING LIMITED
Appellants (Defendants)
and
CHAMPION INTERNATIONAL
CORPORATION
Respondent (Plaintiff)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montreal, Quebec, on October 2, 2003)
LÉTOURNEAU J.A.
[1] This is an appeal whereby the appellants take issue with the following conclusions of Blais J. found at paragraphs 71 and 72 of his decision:
[71] I have no hesitation in concluding that the plaintiff provided sufficient evidence that there was a meeting of minds on all significant terms, as mentioned by Joyal J. In Socanav, supra, and that considering the negotiations as a whole, this Court must give effect to the objective intentions of the parties, even if the final document was never signed.
[72] Therefore, on the terms of all documents exchanged between the parties such as e-mails, faxes or telephone conversations, and on the evidence as a whole, it is my conclusion that there was a firm fixture in place with some technical details to amend, to take the wording used by Mr. Lewis himself who had the mandate to represent Carisbrooke Shipping.
[2] The case before Blais J. involved the application of principles which, as Monnin J.A. said in Gendis Inc. v. Richardson Oil and Gas Ltd., [2000] 9 W.W.R. 1, at p. 8, "find their roots in factual situations".
[3] Therefore, we cannot intervene with his findings unless there is an overriding and palpable error: Housen v. Nikolaisen, [2002] 2 S.C.R. 235. We see no such error.
[4] The appeal will be dismissed with costs, inclusive of disbursements, fixed at 5,000$.
"Gilles Létourneau"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-668-02
(APPEAL FROM AN ORDER OF THE FEDERAL COURT DATED NOVEMBER 11, 2002, NO. T-1116-00)
STYLE OF CAUSE: THE SHIP "SABINA" and SABINA A.G.,
THE OWNERS OF THE SHIP "SABINA"
and CARISBROOKE SHIPPING LIMITED
Appellants (Defendants)
and
CHAMPION INTERNATIONAL
CORPORATION
Respondent (Plaintiff)
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: October 2, 2003
REASONS FOR JUDGMENT OF THE COURT: RICHARD C.J., LÉTOURNEAU, NOËL JJ.A.
DELIVERED FROM THE BENCH BY: LÉTOURNEAU J.A.
APPEARANCES:
|
Mr. Peter G. Pamel
|
FOR THE APPELLANTS
(DEFENDANTS)
|
|
Mr. Louis Buteau
|
FOR THE RESPONDENT
(PLAINTIFF)
|
SOLICITORS OF RECORD:
|
Borden Ladner Gervais LLP
Montreal, Quebec
|
FOR THE APPELLANTS
(DEFENDANTS)
|
|
Flynn, Rivard
Montreal, Quebec
|
FOR THE RESPONDENT
(PLAINTIFF)
|
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