Comfact Corporation v. Hull 717 (Ship)
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Comfact Corporation v. Hull 717 (Ship) Court (s) Database Federal Court of Appeal Decisions Date 2013-04-08 Neutral citation 2013 FCA 93 File numbers A-458-12 Decision Content 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…
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Comfact Corporation v. Hull 717 (Ship) Court (s) Database Federal Court of Appeal Decisions Date 2013-04-08 Neutral citation 2013 FCA 93 File numbers A-458-12 Decision Content 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
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