The "Barkley Sound" v. Canadian Imperial Bank of Commerce

This was an application to determine priorities. At issue was whether a ship repairer in possession could claim priority over the mortgagee for storage charges and interest. The court found that the repairer had retained possession of the vessel and that the storage charges were incurred for the purpose of protecting the repairer’s interest. Under these circumstances, the court held that such charges cannot be added to the maritime lien. On the matter of interest the court held that the repairer was entitled to interest at 5% per annum in priority to the bank. A secondary issue in the case was whether a supplier of goods to the vessel could obtain a priority over the bank on the basis of unjust enrichment. The court held that the supplier was a simple unsecured creditor and that he had not established any of the requirements of unjust enrichment.