Canpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2018 FC 957

In Admiralty Jurisdiction on (Updated )

Précis: The Federal Court found that the sale of marine bunkers was subject to the standard terms and conditions of the defendant supplier where no objection to those terms was raised by the parties to the original Fixed Price Agreement contract, and ordered the plaintiff to pay the supplier with money held in trust, as well as the receiver of the bankrupt bunker company.

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Arcelormittal Mines Canada Inc. v. AK Steel Corporation, 2014 FC 118, 2014 FCA 287

In Admiralty Jurisdiction on (Updated )

Précis: The Federal Court of Appeal confirmed the trial judgment holding that the sale of cargo to be transported by ship was a matter of navigation and shipping, and within the jurisdiction of the Federal Court and further confirming the judgment for indemnity obtained by the purchaser of a cargo of iron ore pellets against the vendor of the pellets on the basis that the pellets delivered had excessive moisture content.

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

In Admiralty Jurisdiction, In Rem Actions and Arrest on (Updated )

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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