Worldspan Marine Inc. v. Sargeant

Worldspan Marine Inc. v. Sargeant
Court (s) Database
Federal Court of Appeal Decisions
Date
2016-12-01
Neutral citation
2016 FCA 307
File numbers
A-32-16
Decision Content
Date: 20161201
Docket: A-32-16
Citation: 2016 FCA 307
CORAM:
PELLETIER J.A.
SCOTT J.A.
DE MONTIGNY J.A.
BETWEEN:
WORLDSPAN MARINE INC.
Appellant
and
HARRY SARGEANT III AND COMERICA BANK
Respondents
Heard at Vancouver, British Columbia, on November 30, 2016.
Judgment delivered from the Bench at Vancouver, British Columbia, on November 30, 2016.
REASONS FOR JUDGMENT OF THE COURT BY:
PELLETIER J.A.
Date: 20161201
Docket: A-32-16
Citation: 2016 FCA 307
CORAM:
PELLETIER J.A.
SCOTT J.A.
DE MONTIGNY J.A.
BETWEEN:
WORLDSPAN MARINE INC.
Appellant
and
HARRY SARGEANT III AND COMERICA BANK
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on November 30, 2016).
PELLETIER J.A.
[1] Worldspan Marine Inc. (Worldspan) appeals from a decision of the Federal Court, reported at 2016 FC 27, in which the Federal Court held that Harry Sargeant III (Sargeant) was not required to pay Worldspan any amounts which it may be found to owe to Worldspan pursuant to a Vessel Construction Agreement as a condition of exercising its rights under a ship’s mortgage granted to it by Worldspan.
[2] We have not been persuaded that the Federal Court committed a palpable and overriding error in coming to the conclusion which it did. Mr. Wharton, counsel for Worldspan skillfully laid out a contractual interpretation which would support the conclusion which he seeks. Unfortunately for his client, the Federal Court adopted an equally plausible construction which supports a different conclusion. To the extent that there is evidence which would support the FC’s conclusion, and there is, this Court cannot intervene.
[3] As a result, the appeal will be dismissed with costs.
"J.D. Denis Pelletier"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET:
A-32-16
(APPEAL FROM AN ORDER AND REASONS OF THE HONOURABLE MR. JUSTICE SOUTHCOTT OF THE FEDERAL COURT, DATED JANUARY 8, 2016, DOCKET NO. T-1226-10)
STYLE OF CAUSE:
WORLDSPAN MARINE INC. v. HARRY SARGEANT III AND COMERICA BANK
PLACE OF HEARING:
VANCOUVER, BRITISH COLUMBIA
DATE OF HEARING:
NOVEMBER 30, 2016
REASONS FOR JUDGMENT OF THE COURT BY:
PELLETIER J.A.
SCOTT J.A.
DE MONTIGNY J.A.
DELIVERED FROM THE BENCH BY:
PELLETIER J.A.
APPEARANCES:
W. Gary Wharton
FOR THE APPELLANT
Kieran E. Siddall
Kaitlin Smiley
For The Respondent
HARRY SARGEANT III
John I. McLean, Q.C.
For The Respondent
COMERICA BANK
SOLICITORS OF RECORD:
Bernard LLP
Barristers and Solicitors
Vancouver, British Columbia
For The Appellant
Bull, Housser & Tupper LLP
Barristers and Solicitors
Vancouver, British Columbia
For The Respondent
HARRY SARGEANT III
Gowling WLG (Canada) LLP
Barristers and Solicitors
Vancouver, British Columbia
For The Respondent
COMERICA BANK