The Good Hope - Supreme Ct. of Brit. Columbia MacKinnon J.) - 4 October 1983

Marine insurance - Trading warranty not a “Section 34” warranty

A vessel insured for loss or damage to her hull caused by perils of the sea stranded in Vancouver Harbour when a temporary mooring constructed by her owner failed, permitting her to take the ground. She subsequently fell on her side, sustaining extensive damage. The trading warranty, in standard wording for navigating West Coast waters, had been “amended” when the vessel was laid up and provided as follows: “Warranted vessel laid up at the north foot of Columbia Street . . .”