Artificial Reef Society of Nova Scotia v. Canada

The plaintiff in this matter arrested a decommissioned naval vessel. Although it is not obvious from the reported reasons, the plaintiff appears to have alleged an agreement with the Crown for the transfer of the vessel to it but the Crown intended to have the vessel scrapped. In any event, the vessel was arrested at the instance of the plaintiff and the Crown brought this application to set aside the arrest. The Court held that pursuant to s. 14 of the Crown Liability and Proceedings Act proceedings against the Crown must be in personam only and in rem actions are not permissible. Accordingly, the arrest was set aside.