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Peracomo Inc v TELUS Communications Co : ウィキペディア英語版
Peracomo Inc v TELUS Communications Co

is a decision of the Supreme Court of Canada concerning the law of marine insurance, which also has international impact.
==Background==

In 1999, QuébecTel (subsequently acquired by Telus), in conjunction with Hydro-Québec, laid two fibre optic cables across the Saint Lawrence River:
:
* Sunoque I, from Point-au-Père to Baie-Comeau, and
:
* Sunoque II, from Le Bic to Forrestville.
In June 2006, Réal Vallée, a local fisherman engaged in snow crab and whelk fishing aboard the catamaran ''Realice'', had strung a series of cages on the river bottom, secured at both ends by small anchors attached to buoys. One of these anchors got snagged onto the cable. The anchor with the cable attached was hauled out of the water, and Vallée freed it by cutting the cable with an electric saw. Several days later, the same thing happened and he cut the cable again. He had done so, believing that the cable had been abandoned (according to a handwritten note on a map he had seen at a local museum). Remote monitoring controls operated by Telus indicated that the Sunoque I parted about off Baie-Comeau.
Telus, Hydro-Québec, and Bell Canada (which had a right of use of the cable), shared the cost of repair in accordance with a pre-existing contract among them. When Vallée learned of the repairs that were being undertaken, he consulted a lawyer, notified his underwriters (who promptly denied coverage), and made a voluntary statement to the police. He was later charged with committing mischief by wilfully damaging property exceeding $5,000 in value, and was subsequently acquitted.
Telus and Hydro-Québec commenced an action in the Federal Court of Canada:
:
* ''in personam'' against Peracomo Inc. (the owner of the ''Realice'') and Vallée, and
:
* ''in rem'' against the ship.
The defendants also instituted third party proceedings against their underwriters, Royal and Sun Alliance Insurance Company of Canada in order to regain their insurance cover.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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