Armada Lines Ltd. v. Chaleur Fertilizer Ltd.
T-2624-82
Reed J.
22/2/93
14 pp.
Action for damages for failure to produce cargo for loading on agreed dates -- Counterclaim for damages due to plaintiff having arrested defendant's cargo in satisfaction of claim -- Agreement to carry cargo of fertilizer belonging to defendant from Belledune, New Brunswick to Lome, Togo -- Target loading date March 20-22, 1982 -- Defendant's supplier in Louisiana delayed in sending fertilizer -- Plaintiff booking cargo of 913 tons of kraft liner board in place of defendant's cargo of fertilizer -- Cargo of fertilizer arrested, released on bail -- Arrest of cargo and undertaking to provide security set aside by Court order on December 12, 1983 -- Case of anticipatory breach of contract -- Plaintiff entitled to rely on anticipatory breach of contract as clearly impossible for defendant to perform contract -- SCAC Transport Canada Inc. acting as defendant's agent in negotiating with agent for plaintiff for carriage of cargo -- Defendant paid in full for cargo -- No evidence arrest on April 16, 1982 caused defendant damage due to delayed shipment -- Counterclaim dismissed -- Action for damages allowed for agreed amount of $63,151.80 with interest.