MARITIME LAW |
Practice |
Pacifica Papers Inc. v. Kingcome Navigation Co.
T-2116-99
2002 FCT 676, Blais J.
14/6/02
13 pp.
Motion for summary judgment filed by plaintiff--Action against defendants and ship Haida Monarch in respect of logs, transported pursuant to contract, lost in Gulf of Alaska when ship listed suddenly to port and then rolled violently to starboard--Cargo of logs covered by Lloyd's Maritime Cargo Policy No. MR9800187 (Policy)--Claim brought in name of Pacifica Papers Inc. by its underwriters who issued Policy-- Motion for summary judgment brought with respect to defences raised by amendments to amended statement of claim--Plaintiff submitting defendants not "insureds" under Policy, therefore appropriate case for summary judgment in their favour--Defendants contend "insureds" under Policy, and if case appropriate for summary judgment, judgment should be in their favour--Motion dismissed--Contract provided each party to take out insurance on its own interests --Issue whether appropriate case for summary judgment-- General principles thereon set out in Granville Shipping Co. v. Pegasus Lines Ltd., [1996] 2 F.C. 853 (T.D.), applied--Test therein recently affirmed in ITV Technologies Inc. v. WIC Television Ltd. (2001), 11 C.P.R. (4th) 174 (F.C.A.)--Test not met-- Based on submissions of parties, determination of issue of whether defendants "insureds" under policy far too complex for summary judgment--Specifically, would be impossible to continue waiver of subrogation clause without reference to context in which contract made--Trial judge will have opportunity to hear witnesses including expert on insurance matters, also to hear directly from parties involved what really happened , then form own opinion--Would not be in interest of justice for parties to address question of insurance coverage through motion for summary judgment.