Furncan Marine Ltd. v. MV Woodlands ( The )
T-530-91
Dubé J.
15/6/94
11 pp.
Action for recovery of amount of $60,780.93 from defendant, Meteor Paper, owner of cargo of woodpulp on board MV Woodlands-Plaintiff not paid for stevedoring services-Case based on unjust enrichment -- No contract between plaintiff and cargo owner -- Judgment by default obtained against defendant Tight Links -- Time charter party entered into between owner of MV Woodlands, International Capital Equipment of Canada (ICE) and Tight Links represented by DSR (Canada) Maritime Inc. -- Meteor Paper contracting with Tight Links in January 1991 for carriage of 2000 metric tons of woodpulp -- DSR/Tight Links' responsibility to pay plaintiff for stevedoring services -- Tight Link's ability to pay for voyage uncertain as financial position deteriorating -- Repudiation by Tight Links of time charter and charter party -- Meteor Paper not paying freight to plaintiff as no bill of lading issued -- Cargo arrested on March 6, 1991 -- Agreement by Meteor Paper and other shippers with ICE not providing for payment of plaintiff's stevedoring charges -- No outright representation made by Meteor Paper to pay for plaintiff's stevedoring services -- Meteor Paper having to pay higher freight to ICE than price agreed with Tight Links -- Plaintiff left with claim against Tight Links, party with whom it had contractual relationship -- Meteor Paper not benefiting from Tight Links' cancellation -- Essential ingredient of enrichment on part of Meteor Paper not established -- No "special relationship" between plaintiff and Meteor Paper sustaining claim for unjust enrichment -- Plaintiff's loss resulting from business risk, insolvency of party with whom it had contractual relationship-Action dismissed.