US buyer suing Digby County lobster pound

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Lobster

A seafood distributor in Massachusetts is suing a Digby County lobster buyer.

Lobster Trap of Bourne, Massachusetts filed papers with the Supreme Court of Nova Scotia on Friday, Dec. 6 asking for unspecified damages from Gidney Fisheries of Centreville on Digby Neck.

The court documents allege that Gidney Fisheries delivered 14,667.5 pounds of lobster less than they should have.

Lobster Trap says they paid to have 63,005.90 pounds of live lobster stored, tubed and graded but at the end of the contract Gidney delivered 48,388.4 pounds.

The statement of claim says that 2.5 per cent is the normal industry standard for shrinkage – due to death of the lobster or weight loss.

The shrinkage in this case works out to 23 per cent.

The statement of claim says the two companies had been doing business ‘for a number of years.’

‘Prior to the events in issue, Lobster Trap purchased live lobster inventory from Gidney and supplied live lobster of its own to Gidney which Gidney would grade, store (“tube”) and hold in its storage facilities located in Meteghan, Nova Scotia and elsewhere.”

Lobster Trap is going to court over a holding agreement the two signed in December 2012.

Lobster Trap says they bought 60,000 pounds from Gidney and gave them 3,005.90 pounds of their own lobster to grade and store.

Lobster Trap says Gidney invoiced them on Jan. 24 for 100 per cent of the lobsters and Lobster says they paid that in full.

The documents also allege that Gidney Fisheries has kept 339 shipping crates that belong to Lobster Trap.

 

The allegations have yet to be tested in court – Gidney now has 30 days to respond to the statement of claim.

Lobster Trap could be in court on Jan. 6 to ask for a hearing date.

Gidney Fisheries did not return calls from the Digby Courier on Wednesday, Dec. 11.

jriley@digbycourier.ca

Organizations: Supreme Court

Geographic location: Digby County, Bourne, Massachusetts, Nova Scotia US Centreville Meteghan

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