Maritime Telegraph and Telephone Co. v. The Ship "Dumurra", (1977) 15 N.R. 382 (FCA)
Judge | Pratte, Urie and Ryan, JJ. |
Court | Federal Court of Appeal (Canada) |
Case Date | April 28, 1977 |
Jurisdiction | Canada (Federal) |
Citations | (1977), 15 N.R. 382 (FCA) |
Maritime Tel. v. Ship Dumurra (1977), 15 N.R. 382 (FCA)
MLB headnote and full text
Maritime Telegraph and Telephone Company Limited v. The Ship "Dumurra"
Indexed As: Maritime Telegraph and Telephone Co. v. The Ship "Dumurra"
Federal Court of Appeal
Pratte, Urie and Ryan, JJ.
April 28, 1977.
Summary:
This case arose out of the plaintiff's claim in negligence against the defendant for damages resulting when the defendant ship struck the plaintiff's submarine cables. The ship was at the time under the control of a pilot and the ship was in a compulsory pilotage area. The defendant pleaded the defence of compulsory pilotage. The Federal Court of Canada, Trial Division, allowed the plaintiff's action. The defendant appealed.
The Federal Court of Appeal dismissed the appeal and affirmed the judgment of the Trial Division. The Federal Court of Appeal held that s. 31 of the Pilotage Act, S.C. 1970-71-72, abolished the defence of the compulsory pilotage in both actions in personam and actions in rem. See paragraphs 1 to 7.
Damages - Topic 1836
Torts affecting goods - Damage to goods - Measure of damages - Replacement cost - The defendant ship damaged the plaintiff's submarine cables - The Federal Court of Appeal affirmed the assessment of damages on the basis of the replacement cost of the cables - See paragraph 9.
Shipping and Navigation - Topic 447
Ships - Ownership and control - Liability of owner - Defence of compulsory pilotage - Effect of s. 31 of Pilotage Act, S.C. 1970-71-72, c. 52 - The defendant ship damaged the plaintiff's submarine cables while the ship was under the control of a pilot and the ship was in a compulsory pilotage area - The defendant pleaded the defence of compulsory pilotage - The Federal Court of Appeal held that s. 31 of the Pilotage Act abolished the defence of compulsory pilotage in both actions in personam and actions in rem - See paragraphs 1 to 7.
Czases Noticed:
Stein et al. v. The Ship "Kathy K" et al. (1975), 6 N.R. 359; 62 D.L.R.(3d) 1, refd to. [para. 2].
Harbutt's "Plasticine" Ltd. v. Wayne Tank and Pump Co. Ltd., [1970] 1 Q.B. 447, appld. [para. 9].
Statutes Noticed:
Pilotage Act, S.C. 1970-71-72, c. 52, sect. 31 [para. 4].
Counsel:
James E. Gould and W. Wylie Spicer, for the appellant;
John M. Barker, for the respondent.
This case was heard on April 26, 27 and 28, 1977, at Halifax, Nova Scotia, before PRATTE, URIE and RYAN, JJ., of the Federal Court of Appeal.
On April 28, 1977, PRATTE, J., orally delivered the following judgment of the Federal Court of Appeal:
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Laichkwiltach Enterprises Ltd. v. Ship F/V Pacific Faith et al., (2009) 272 B.C.A.C. 103 (CA)
...Rafting & Forwarding Co. v. Kaine (1898), 29 S.C.R. 247, refd to. [para. 29]. Maritime Telegraph and Telephone Co. v. Ship Dumurra (1977), 15 N.R. 382; 75 D.L.R.(3d) 766 (F.C.A.), dist. [para. 30]. Harbutts Plasticine Ltd. v. Wayne Tank & Pump Co., [1970] 1 Q.B. 447; 1 Lloyd's Rep. ......
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Laichkwiltach Enterprises Ltd. v. Ship F/V Pacific Faith et al., (2009) 272 B.C.A.C. 103 (CA)
...Rafting & Forwarding Co. v. Kaine (1898), 29 S.C.R. 247, refd to. [para. 29]. Maritime Telegraph and Telephone Co. v. Ship Dumurra (1977), 15 N.R. 382; 75 D.L.R.(3d) 766 (F.C.A.), dist. [para. 30]. Harbutts Plasticine Ltd. v. Wayne Tank & Pump Co., [1970] 1 Q.B. 447; 1 Lloyd's Rep. ......