WORLDSPAN MARINE INC. Appellant v. HARRY SARGEANT, 2016 FCA 307

Date: 20161201 Docket: A-32-16 Citation: 2016 FCA 307 CORAM: PELLETIER J.A. SCOTT J.A. DE MONTIGNY J.A. BETWEEN: WORLDSPAN MARINE INC. Appellant and HARRY SARGEANT III AND COMERICA BANK Respondents Heard at Vancouver, British Columbia, on November 30, 2016. Judgment delivered from the Bench at Vancouver, British Columbia, on November 30, 2016. REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. Date: 20161201 Docket: A-32-16 Citation: 2016 FCA 307 CORAM: PELLETIER J.A. SCOTT J.A. DE MONTIGNY J.A. BETWEEN: WORLDSPAN MARINE INC.

Appellant and HARRY SARGEANT III AND COMERICA BANK Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on November 30, 2016).

PELLETIER J.A. [ 1 ] Worldspan Marine Inc. (Worldspan) appeals from a decision of the Federal Court, reported at 2016 FC 27 , in which the Federal Court held that Harry Sargeant III (Sargeant) was not required to pay Worldspan any amounts which it may be found to owe to Worldspan pursuant to a Vessel Construction Agreement as a condition of exercising its rights under a ship’s mortgage granted to it by Worldspan. [ 2 ] We have not been persuaded that the Federal Court committed a palpable and overriding error in coming to the conclusion which it did. Mr.

Wharton, counsel for Worldspan skillfully laid out a contractual

interpretation which would support the conclusion which he seeks. Unfortunately for his client, the Federal Court adopted an equally plausible construction which supports a different conclusion. To the extent that there is evidence which would support the FC’s conclusion, and there is, this Court cannot intervene. [ 3 ] As a result, the appeal will be dismissed with costs. "J.D. Denis Pelletier"

J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-32-16 (APPEAL FROM AN ORDER AND REASONS OF THE HONOURABLE MR. JUSTICE SOUTHCOTT OF THE FEDERAL COURT, DATED JANUARY 8, 2016, DOCKET NO. T-1226-10) STYLE OF CAUSE: WORLDSPAN MARINE INC. v. HARRY SARGEANT III AND COMERICA BANK PLACE OF HEARING: VANCOUVER, BRITISH COLUMBIA DATE OF HEARING: NOVEMBER 30, 2016 REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. SCOTT J.A. DE MONTIGNY J.A. DELIVERED FROM THE BENCH BY: PELLETIER J.A. APPEARANCES : W. Gary Wharton FOR THE APPELLANT Kieran E.

Siddall Kaitlin Smiley For The Respondent HARRY SARGEANT III John I. McLean, Q.C. For The Respondent COMERICA BANK SOLICITORS OF RECORD : Bernard LLP Barristers and Solicitors Vancouver, British Columbia For The Appellant Bull, Housser & Tupper LLP Barristers and Solicitors Vancouver, British Columbia For The Respondent HARRY SARGEANT III Gowling WLG (Canada) LLP Barristers and Solicitors Vancouver, British Columbia For The Respondent COMERICA BANK