![]() ![]() The motion judge should have considered that the clause provided that the law of Arizona would apply. There was no basis for the motion judge’s apparent assumption that, if the case proceeded in Ontario, the law of Ontario would apply. She observed that the plaintiff’s claim in Arizona might be dismissed because under the law of Arizona the issue would arise as to whether it had been “timely filed”, and noted that in Ontario such an issue would not arise. ![]() ![]() Quite to the contrary, it seems the motion judge may have assumed the case would be governed by the law of the jurisdiction in which it proceeded. The motion judge did not mention that the forum selection clause provided that “THIS AGREEMENT SHALL BE GOVERNED, CONTROLLED AND INTERPRETED UNDER THE LAW OF THE STATE OF ARIZONA”. On the issue of the applicable law, Juriansz, J.A. So why is the CISG even relevant? Here’s why. According to the Court of Appeal, t he motion judge instead conducted a f orum non conveniens analysis in which she regarded the forum selection clause as but one of a number of factors, rather than giving full weight to the clause or considering the effect it had on the factors relevant to the forum non conveniens analysis. 450, and as first stated in the British case The “Eleftheria”, 1 Lloyd’s Rep. Essentially, the Court of Appeal held that the motion judge incorrectly applied the “strong cause” test regarding enforcement of a forum selection clause as forth in the Supreme Court of Canada’s decision in Z.I. and Gillese J.A., concurring) allowed the appeal, set aside the order of the motion judge, and entered a stay of proceedings. writing for the unanimous Court (O’Connor A.C.J.O. Honeywell Inc., 2010 ONCA 351 is silent on the CISG as the applicable law. The liability of the seller shall not exceed the actual purchase price of the property.UPDATE: As I predicted, today’s decision by the Court of Appeal for Ontario in Expedition Helicopters Inc. If Seller confirms that the property does not conform to the description, Seller will keep the property and refund any money paid. Any claim for misdescription must be made prior to removal of the property. Seller warrants to the Buyer that the property offered for sale will conform to its description. Please note that upon removal of the property, all sales are final.ĭescription Warranty. All property is offered for sale 'AS IS, WHERE IS.' Pitt-Greenville Airport, NC makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. NOTICE: If you are the winning bidder and default by failing to adhere to this sellers terms and conditions your account with GovDeals WILL BE LOCKED. A daily storage fee of $10.00 may be charged for any item not removed within the 10 business days allowed and stated on the Buyer's Certificate. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. All items must be removed within ten (10) business days from the time and date of issuance of the Buyer's Certificate. Property may be removed by appointment only and appointments must be made at least 24 hours in advance. Please see the contact below for any questions. TAX EXEMPTION: Tax exempt documents must be provided to this seller within 24 hours of the auctions close and before payment is made. ![]() Payment must be made electronically through the GovDeals Website. Payment in full is due not later than five (5) business days from the time and date of the Buyer's Certificate. PAYMENT MUST BE MADE ONLINE - To make online payment, log into your GovDeals account and select 'My Bids'. The Wire Transfer must be completed within 5 days unless otherwise specified below. The Wire Transfer Transaction Summary page will provide payment and account information. Wire Transfer is the only payment option for this item. Q: What is the reserve? (11/28/12 7:47 PM)Ī: Reserving the right not to tell the reserve. one engine, two props.a few lights.everything works. Q: Does every thing work ? (11/20/12 7:37 PM)Ī: Everything works.for what there is. Regular servicing, whether it needed it or not. GM motor.Įverything works, has minimal usage, engine runs well, garage (hangar) kept. ![]()
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