Scott Steel Ltd. v. Ship Alarissa et al., (1995) 103 F.T.R. 44 (TD)

• Court: Federal Court (Canada)
• Case Date: October 18, 1995
• Jurisdiction: Canada (Federal)
• Citations: (1995), 103 F.T.R. 44 (TD)

Scott Steel Ltd. v. Ship Alarissa (1995), 103 F.T.R. 44 (TD)

MLB headnote and full text

Scott Steel Ltd. (plaintiff) v. The Ship recorded in the Port of Edmonton under the name "The Alarissa" Bearing Record No. 420, and commonly known as "The Edmonton Queen" and, North Saskatchewan River Boat Ltd. operating under the name and style "North Saskatchewan Riverboat Co." and the Owners and All Others interested in the Ship (defendants) and Province of Alberta Treasury Branches (intervenor)

(T-1457-93)

Indexed As: Scott Steel Ltd. v. Ship Alarissa et al.

Federal Court of Canada

Trial Division

Hargrave, Prothonotary

November 2, 1995.

Summary:

Scott Steel Ltd. began construction of a vessel originally known as "The Alarissa", but commonly known as "The Edmonton Queen". A dispute arose between the former owners and Scott Steel. The vessel was ordered to be sold "... as is, where is, partially completed ... without any allowances for deficiency and quality, or any defect or error whatsoever, particulars not guaranteed". Purchasers made an offer and pursuant to the sale contract Scott Steel was to provide and install certain items. Thereafter the purchasers brought a motion claiming for deficiencies (i.e., a voltage rectifier and two pumps) which were not provided but were allegedly included as items to be supplied by Scott Steel pursuant to the sale agreement. Scott Steel moved for dismissal of the purchasers' deficiency claim.

A Prothonotary of the Federal Court of Canada, Trial Division, allowed the purchasers' motion and dismissed Scott Steel's motion.

Shipping and Navigation - Topic 435

Ships - Ownership and control - Transfer of ownership - Claim for deficiencies - Scott Steel began construction of a vessel originally known as "The Alarissa" (now known as "The Edmonton Queen") - A dispute arose between the former owners and Scott Steel - The vessel was ordered sold "as is" in a partially completed state without allowances for deficiencies - Purchasers made an offer and pursuant to the sale contract Scott Steel was to provide and install certain items - Thereafter the purchasers claimed for deficiencies (i.e., a voltage rectifier and two pumps), which were not provided but were allegedly included as items to be supplied by Scott Steel pursuant to the sale agreement - A Prothonotary of the Federal Court of Canada, Trial Division, allowed the claim for the deficiencies.

Cases Noticed:

DRG Inc. v. Datafile Ltd. and Registrar of Copyrights (1987), 14 F.T.R. 219; 16 C.P.R.(3d) 155 (T.D.), refd to. [para. 37].

Authors and Works Noticed:

New Shorter Oxford English Dictionary (1993) [para. 19].

Counsel:

Frank Monaghan, for the plaintiff;

Darren Bieganek, for the intervenor;

Robert O'Neill, for the purchasers.

Solicitors of Record:

Cook Duke Cox, Edmonton, Alberta, for the plaintiff;

Cruickshank Karvellas, Edmonton, Alberta, for the intervenor;

Ogilvie & Co., Edmonton, Alberta, for the purchasers.

This case was heard in Edmonton, Alberta, on October 18, 1995, before Hargrave, Prothonotary, of the Federal Court of Canada, Trial Division, who delivered the following decision on November 2, 1995.