International Fertilizers Ltd. v. Harbour Development Ltd., [1967] N.B. Law News No. 82 (CA)

• Judge: Bridges, C.J.N.B., West and Limerick, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: July 11, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 82 (CA)

Intl. Fertilizers v. Harbour Dev., [1967] N.B. Law News No. 82 (CA)

MLB Law News

International Fertilizers Limited (plaintiff/appellant)  v. Harbour Development Limited (defendant/appellant)

(Archives RS43/1963)

Indexed As: International Fertilizers Ltd. v. Harbour Development Ltd.

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., West and Limerick, JJ.A.

July 11, 1967.

Summary:

See N.B. Law News, November 1, 1966 Issue, - #66-77. [See [1966] N.B. Law News No. 77].

Negligence - Appeal allowed from judgment upholding Plaintiffs claim for damages where Defendant's dredging operations caused change in contour of bed of Courtenay Bay which resulted in vessel sliding from Plaintiff's dock and causing damage to dock. Court held in order for Plaintiff to succeed, it would have to establish that it had some special right with respect to the bed of Courtenay Bay. Defendant acted pursuant to its rights to dredge in navigable waters and its acts did not constitute negligence.

Counsel:

John Turnbull, for the defendant/appellant;

Henry E. Ryan, Q.C., and Leopold Langlois, Q.C., (Quebec Bar) for the plaintiff/respondent.

This case was heard before Bridges, C.J.N.B., West and Limerick, JJ.A., of the New Brunswick Supreme Court, Appeal Division.

On July 11, 1967 the following decisions were filled:

Limerick, J.A. (West, J.A., concurring) - see paragraphs 1 to 33;

Bridges, C.J.N.B. - see paragraphs 34 to 35.