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"
J.A.
"Johanne Gauthier"
J.A.
"Johanne Trudel"
J.A.
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
|