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Summary judgment granted; insufficient evidence to establish convoy caused ice damage to ferry terminal.
The moving parties brought a motion for summary judgment regarding liability for damage caused to a ferry terminal by flowing ice.
The damage coincided with the transit of a convoy of vessels.
The Court determined that the matter was appropriate for summary judgment as there were no genuine issues for trial and credibility was not a determinative issue.
The Court found that there was insufficient evidence to conclude on a balance of probabilities that the passage of the convoy caused the ice to dislodge and damage the terminal.
The expert evidence did not establish a probable causal link.
The motion for summary judgment was granted and the action against the shipowners was dismissed.
