Riva Stahl GmbH v. Bergen Sea ( The )
A-357-97
Stone J.A.
17/5/99
8 pp.
Appeal from Motions Judge's decision ((1997), 131 F.T.R. 231) in separate motions by respondents, appellants for summary judgment in action in admiralty-Motions Judge allowing respondents' motions, dismissing appellants' motion, action itself with costs-Concluding "no genuine issue for trial"-Claim in action for damage to cargo of steel coils carried on board M.V. Bergen Sea from Brake, Germany to Houston, Texas during winter 1994-Whether respondents extended time for suit limitation period such that present action commenced before period as extended expired and, if not, whether respondents either waived one year limitation of time for suit provided for in bill of lading or estopped from relying on limitation-Motions Judge right in concluding claim time barred, respondents had not waived time bar nor were estopped from relying upon it-No effective extensions of time in place on June 28, 1995 when action commenced-Respondents entitled to insist on exact compliance with terms of respective time extension regardless of motivation for imposing terms-No reversible error committed by Motions Judge in rejecting estoppel argument-Not unusual for claimant in course of settlement negotiations to provide other side, upon request, with additional information-If in doing so requesting party must always run risk of estoppel argument, purpose of out-of-court negotiations would be seriously impaired-Mutual interest in satisfying respondents' request-Respondents' motions for summary judgment based exclusively on time bar defence-Failure to support motions with direct evidence entitled Motions Judge to draw adverse inferences-No basis for interfering with exercise of discretion-Motions Judge did not err in not permitting action to proceed to trial-Appeal dismissed.