Date: 19981009
Docket: T-904-93
MONTRÉAL, QUEBEC, THE 9TH DAY OF OCTOBER, 1998
| Present: RICHARD MORNEAU, PROTHONOTARY |
Between:
MERCATOR SHIP"S SUPPLIES (1985) LTD.
Plaintiff
AND
AMICAN NAVIGATION INC.
Defendant
JUDGMENT
The plaintiff"s action is allowed. The defendant is ordered to pay the plaintiff the sum of $7,252.31, to which shall be added pre- and post-judgment interest calculated at the commercial base rate plus 2% per year, with costs.
| Richard Morneau |
| Prothonotary |
Certified true translation
Bernard Olivier
Date: 19981009
Docket: T-904-93
Between:
MERCATOR SHIP"S SUPPLIES (1985) LTD.
Plaintiff
AND
AMICAN NAVIGATION INC.
Defendant
REASONS FOR JUDGMENT
RICHARD MORNEAU, PROTHONOTARY:
[1] This is an action for unpaid invoices brought by the plaintiff following the supply of goods to the defendant.
[2] The central issue at trial was whether the defendant was itself accountable for the sums claimed or whether the defendant should be considered a mandatary in the same capacity as the mandatary, Mr. Jos DeBelie, who acted on behalf of the defendant in ordering the goods from the plaintiff.
[3] Following the testimony by Messrs. Scholes and Zeagman on behalf of the plaintiff, I am fully satisfied that at all relevant times, that is, between December 1991 and the late spring of 1992, the plaintiff was justified in its belief that the defendant was the principal mandator and was ultimately responsible for paying the bills.
[4] Although during the relevant period the plaintiff"s manager discussed with his counterpart with the defendant the supply of some goods, it appears that the latter did not try to establish that his corporation should not be considered as the one on behalf of which the goods were ordered.
[5] Although the defendant did seek to establish at the hearing that it was acting only as a mandatary for the owners or charterers of the vessel that received the goods, it did not, in my opinion, put in evidence the facts needed to reach such a conclusion. The fact that a minor invoice in the case appears to make a distinction between the defendant and the vessel"s owners is not sufficient to allow the Court to embrace the defendant"s position. In this regard, the defendant was, for the purposes of this action, in possession of the charter-party governing the use of the vessel. It elected not to introduce this as evidence. This document might possibly have shed some useful light on the situation in dispute.
[6] For these reasons, I am of the opinion that the plaintiff"s action should be allowed, in accordance with the prayer for relief in its statement of claim, an amendment to which in regard to the amount claimed was allowed at trial. Judgment shall issue accordingly.
Richard Morneau
Prothonotary
MONTRÉAL, QUEBEC
October 9, 1998
Certified true translation
Bernard Olivier
Federal Court of Canada
Court file no. T-904-93
BETWEEN
| MERCATOR SHIP"S SUPPLIES (1985) LTD. |
Plaintiff
- and -
AMICAN NAVIGATION INC.
Defendant
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO. T-904-93 |
| STYLE: MERCATOR SHIP"S SUPPLIES (1985) LTD. |
Plaintiff
AND
AMICAN NAVIGATION INC.
Defendant
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: October 7, 1998 |
REASONS FOR JUDGMENT OF RICHARD MORNEAU, PROTHONOTARY
| DATED: October 9, 1998 |
APPEARANCES:
Alain Pilotte for the plaintiff
Caroline Jacques for the defendant
SOLICITORS OF RECORD:
Mr. Alain Pilotte for the plaintiff
Montréal, Quebec
Sproule, Castonguay, Pollack for the defendant
Ms. Caroline Jacques
Montréal, Quebec