Case information
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41594
Lehigh Hanson Materials Limited v. Catherwood Towing Ltd., et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-05-16 | Close file on Leave | |
| 2025-05-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-15 | Judgment on leave sent to the parties | |
| 2025-05-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA48575, CA48580, CA48771 and CA48772, 2024 BCCA 348, dated October 15, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-04-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-31 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-01-31 | Lehigh Hanson Materials Limited |
| 2025-01-24 | Notice of name, (Printed version filed on 2025-01-27) | Catherwood Towing Ltd. |
| 2025-01-24 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-01-27) | Catherwood Towing Ltd. |
| 2025-01-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-01-27, (Printed version filed on 2025-01-27) | Catherwood Towing Ltd. |
| 2024-12-16 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-12-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-12-16) | Lehigh Hanson Materials Limited |
| 2024-12-13 | Notice of name, (Letter Form), (Printed version filed on 2024-12-16) | Lehigh Hanson Materials Limited |
| 2024-12-13 | Application for leave to appeal, (Book Form), Completed on: 2024-12-13, (Printed version filed on 2024-12-16) | Lehigh Hanson Materials Limited |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Lehigh Hanson Materials Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Catherwood Towing Ltd. | Respondent | Active |
| Owners and all others interested in the Ship “SEA IMP X” and John Doe | Respondent | Active |
Counsel
Party: Lehigh Hanson Materials Limited
Counsel
Tom Posyniak
50 Burrard Street, Suite 2900
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-4863
FAX: (604) 631-3232
Email: mparrish@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: Catherwood Towing Ltd.
Counsel
Buck Hughes
1420 – 400 Burrard Street
CIBC Building
Vancouver, British Columbia
V6C 3A6
Telephone: (604) 661-0607
FAX: (604) 681-1788
Email: swanson@bernardllp.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Owners and all others interested in the Ship “SEA IMP X” and John Doe
Counsel
Buck Hughes
1420 – 400 Burrard Street
CIBC Building
Vancouver, British Columbia
V6C 3A6
Telephone: (604) 661-0607
FAX: (604) 681-1788
Email: swanson@bernardllp.ca
Summary
Keywords
Commercial law — Contracts — Insurance — Whether the principle set out in Agnew-Surpass Shoe Stores Ltd. v. Cummer-Yonge Investments Ltd., [1976] 2 S.C.R. 221, Ross Southward Tire Ltd. v. Pyrotech Products Ltd., [1976] 2 S.C.R. 35, and T. Eaton Co. v. Smith, [1978] 2 S.C.R. 749, that the presence of a covenant to insure operates as a reasonable inference or presumptive allocation of risk and overrides other contractual text, is still good law in light of Sattva Capital Corp. v. Creston Moly Corp, 2014 SCC 53?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Lehigh Hanson Materials Limited contracted Catherwood Towing Ltd. to provide tug boat towing services. The agreement included a covenant to indemnify and covenants to insure. On two separate occasions, a barge owned by Lehigh Hanson Materials Limited was damaged while being towed. Lehigh Hanson Materials Limited commenced an action against Catherwood Towing Ltd. for portions of its losses not indemnified by its insurers. The Supreme Court of British Columbia dismissed the action. The Court of Appeal dismissed an appeal.
Lower court rulings
Action dismissed
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available