MARITIME LAW |
Contracts |
Logistec Stevedoring Inc. v. Amican Navigation Inc.
T-2311-95
2001 FCT 681, Lemieux J.
21/6/01
41 pp.
Plaintiff seeking to recover from defendant Amican Navigation Inc. $240,382.36 for stevedoring services performed in loading and stowing military vehicles and flour on board M. V. Cosmos in Montréal in May 1995 and lumber on board of M.V. Fernando Pessoa in Halifax in July 1995--Both ships had been time-chartered by Pegasus Lines S.A., and Amican general agent of Pegasus in Montréal in 1995--Amican denied any liability to Logistec, saying at all material times, and to Logistec's knowledge, Amican acted as general agent of Pegasus Lines Ltd. and, as such, cannot be held personally party to any stevedoring contract, if any, entered into on behalf of Pegasus with plaintiff--In both cases, Pegasus defended Logistec's claim by pleading Logistec's deficient or inadequate stevedoring--Main issue whether Amican personally liable for payment of Logistec's stevedoring charges--Action allowed--Amican communicating with Logistec on Amican letterhead reading Amican Navigation Inc., and displaying at bottom in box, winged horse and, beside box, words "General Agents, Pegasus Lines Ltd. S.A."--Other communications not always identifying Amican as general agents for Pegasus--Application of Q.N.S. Paper Co. v. Chartwell Shipping Limited, [1989] 2 S.C.R. 683: applicable maritime law found in principles of common law of contract and agency; matter of construction of particular contract; important for agent to specify acting as agent for principal--On facts, Amican contracted as principal and not as agent in each of contracts entered into with Logistec, or, if contracted as agent, did so in such manner as to remain personally liable for payment of Logistec's stevedoring charges--Reference to Amican as general agents for Pegasus more descriptive than words qualifying liability--Amican never disclosed orally at time of forming contracts that it was acting solely as agent--Relevant time for making known person acting as agent only time of formation of contract; later exchanges on documents with words as agents for Pegasus Lines Ltd. S.A. discounted--In 1993, when Amican and Logistec dealt together for shipment of military cargo, Amican paid stevedoring charges--Amican's liability also based on non-disclosure of agency while contract being negotiated--In context of maritime shipping, specific disclosure by Amican that it was agent only was way reasonable persons would behave--Plaintiff entitled to, from Amican, jointly and severally with Pegasus, sum of $240,382.36 with costs plus pre-judgment and post-judgment interest at annual rate of interest equivalent to average prime commercial bank rate fixed at 6.42 %.