In Rem Actions and Arrest

Davy Global Fund Management Limited v. Michele Bottiglieri Armatore S.p.A., 2021 FC 789

In Bail, In Rem Actions and Arrest, Stays of Proceedings on July 26, 2021

Précis: The Federal Court dismissed a motion for release of an arrested vessel without bail.

Arrest - Loading - Weight - Yacht Transport

United Yacht Transport LLC v. Blue Horizon Corporation, 2020 FC 1067

In Admiralty Jurisdiction, In Rem Actions and Arrest, In Rem Actions and Arrest, Uncategorized on November 18, 2020Leave a Comment

Précis The Federal Court found the defendants liable for unpaid fees owing to the plaintiff yacht transporter.

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Barges - Injunction - Nuisance - Trespass

Her Majesty the Queen v B & B Barges Ltd., 2019 BCSC 2160

In In Rem Actions and Arrest, Injunctions on December 13, 2019

Précis: The Supreme Court of British Columbia granted an interlocutory injunction against two barges located on Crown land.

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Jurisdiction - Rem Proceedings - Stay - Turbines - Vessel

OpenHydro Technology Canada Ltd. (Re) v., 2018 NSSC 283

In Admiralty Jurisdiction, In Rem Actions and Arrest on November 7, 2018 (Updated July 21, 2019)

Précis: A provincial court may defer to the Federal Court to adjudicate existing in rem claims against a bankrupt.

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Jurisdiction - Sale of Property not in Canada

SDV Logistiques (Canada) Inc. v. Dieselgenset Type 8M 25, Engine No. 45085 EX the Barge Andrea, 2013 FC 671

In Admiralty Jurisdiction, In Rem Actions and Arrest on June 18, 2013 (Updated June 27, 2013)

Précis: The court held that it had no jurisdiction to sell property that was not located in Canada.

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Action vs Provincial Crown - Federal Court Jurisdiction - In Rem Proceedings

Canada v. Toney, 2011 FC 1440, 2012 FCA 167

In Admiralty Jurisdiction, In Rem Actions and Arrest on June 6, 2012 (Updated July 17, 2012)

This was an in rem and in personam action against both the federal and provincial crowns and a vessel owned by the Alberta government. The action concerned a fatal accident that occurred on an Alberta lake. The plaintiffs alleged that the defendants were negligent in their performance of search and rescue duties. The Alberta defendants moved to strike the in …

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