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 |
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"
Judge