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Date: 20020625
Docket: A-491-01
Neutral citation: 2002 FCA 275
CORAM: DESJARDINS J.A.
BETWEEN:
TRANS-TEC SERVICES INC.
Appellant
and
THE SHIP "LYUBOV ORLOVA" ET AL.
Respondent
Heard at St. John's, Newfoundland, on June 25, 2002.
Judgment delivered from the bench at St. John's, Newfoundland, on June 25, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A.
Date: 20020625
Docket: A-491-01
Neutral citation: 2002 FCA 275
CORAM: DESJARDINS J.A.
BETWEEN:
TRANS-TEC SERVICES INC.
Appellant
and
THE SHIP "LYUBOV ORLOVA" ET AL.
Respondent
REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench on June 25, 2002)
[1] We have not been persuaded that MacKay J. made any error which warrants our intervention. He assessed the evidence and relied on the conduct of the party, which conduct made it clear that the appellant accepted the monies in full payment of its claims with regard to the respondent's ship "LYUBOY ORLOVA" (Trans-Tec Services Inc. v. Lyubov Orlova (The), [2001] F.C.J. No. 1325). [2] This appeal will therefore be dismissed with costs.
"Alice Desjardins"
FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-491-01 APPEAL FROM ORDER OF THE TRIAL DIVISION DATED AUGUST 28, 2001, TRIAL DIVISION FILE NO. T-1723-00 STYLE OF CAUSE: TRANS-TEC SERVICES INC. v. THE SHIP "LYUBOV ORLOVA" ET AL. PLACE OF HEARING: St. John's, Newfoundland DATE OF HEARING: June 25, 2002 REASONS FOR JUDGMENT OF THE COURT (Desjardins, Linden, Sexton JJ.A.) RENDERED FROM THE BENCH BY: Desjardins, J.A. APPEARANCES: Mr. Jean-François Bilodeau for the Appellant Mr. John R. Sinnott, Q.C. for the Respondents SOLICITORS OF RECORD: Flynn, Rivard for the Appellant Montreal, Quebec Mr. Morris Rosenberg for the Respondents Deputy Attorney General of Canada |
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