Shelburne Marine Ltd. v. Winchester ( The )
T-50-95
MacKay J.
20/11/95
19 pp.
Motion for summary judgment in action for $149,758.57 for costs of wharfage, security, shore power, necessary maintenance provided to ship Winchester and for storage of certain refrigeration equipment intended for vessel, and for interest at 24.48%-Review of case law and principles on summary judgments as Rules 432.1 to 432.5 new-Purpose thereof, where no "genuine issue for trial" or where "claims or defences clearly without foundation and should not take up time and incur costs of trial", matter should be summarily dispensed with-Decision to be made on particular circumstances of each case-Here, no genuine issue concerning credibility in regard to issue of liability-However, issue concerning measure of debt or damages owed by defendant-Motion allowed in part-Interests of justice and of parties best served by summary judgment on question of liability with reference to determine amount to be paid, as provided by Rule 432.3(2)-Federal Court Rules, C.R.C., c. 663, RR. 432.1-432.5 (as enacted by SOR/94-41, s. 5).