Clay's Wharf et al. v. Brynjolfson, (1975) 7 N.R. 614 (FCA)

• Judge: Jackett, C.J., Pratte and Urie, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: February 19, 1975
• Jurisdiction: Canada (Federal)
• Citations: (1975), 7 N.R. 614 (FCA)

Clay's Wharf v. Brynjolfson (1975), 7 N.R. 614 (FCA)

MLB headnote and full text

Clay's Wharf et al. v. Brynjolfson

Indexed As: Clay's Wharf et al. v. Brynjolfson

Federal Court of Appeal

Jackett, C.J., Pratte and Urie, JJ.

February 20, 1975.

Summary:

This case arose out of a claim by the owner of a ship against a charterer of the ship for damage caused by grounding. The charterer alleged that the owner agreed to assume liability for loss of the ship when the owner agreed to insure the ship and also agreed to be responsible for losses not covered by insurance. The Trial Division of the Federal Court of Canada allowed an action by the owner against the charterer for the loss of the ship.

On appeal to the Federal Court of Appeal the appeal was allowed and the judgment of the Trial Division was set aside. The Federal Court of Appeal declared that the effect of the insurance clause was that the owner impliedly exonerated the charter from liability for loss of the ship. The Federal Court of Appeal referred the case back to the Trial Division for the trial of an issue respecting the cancellation of the insurance clause.

Shipping and Navigation - Topic 889

Charter of ships - The charter party - Liability for loss of the ship - Insurance clause, effect of - A ship was damaged during a charter party as a result of grounding - The owner of the ship claimed against the charterer for the loss - The charterer alleged that the owner agreed to assume liability for the loss when the owner agreed to insure the ship and agreed to be responsible for losses not covered by the insurance - The Federal Court of Appeal declared that the owner impliedly exonerated the charterer from liability for loss of the ship.

Counsel:

W.J. Wallace, Q.C., for the appellant;

Robert V. Burns, for the respondent.

This appeal was heard by the Federal Court of Appeal at Vancouver, B.C. on February 19, 1975. Judgment was delivered by the Federal Court of Appeal on February 20, 1975.

The judgment of the Federal Court of Appeal was delivered by JACKETT, C.J.C.