Précis: The Federal Court of Appeal allowed a motion to vary the allocation of proceeds of sale from a vessel.
Full SummaryBlack & White Merchandising Co. Ltd. v. Deltrans International Shipping Corporation, 2019 FC 379
Précis: The Federal Court lacked jurisdiction to hear a claim subsequent to completion of the obligations under a bill of lading.
Full SummaryR. v. M/V The Marathassa, 2019 BCSC 386
Précis: The B.C. Supreme Court held that a second notice of appeal could be served on counsel for the defendant ship as personal service on the defendant ship was not realistically available to the Crown.
Full SummaryOpenHydro Technology Canada Ltd. (Re) v., 2018 NSSC 283
Précis: A provincial court may defer to the Federal Court to adjudicate existing in rem claims against a bankrupt.
Full SummaryCanpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2018 FC 957
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.
Full SummaryElroumi v. Shenzhen Top China Imp & Exp Co., Ltd China, 2018 FC 633
Précis: The Federal Court struck those parts of a statement of claim relating to road and rail carriers on the grounds that it lacked jurisdiction.
Full SummaryATL Trucking Ltd. v. Vancouver Fraser Port Authority, 2015 FC 420
Précis: The Federal Court held that it did have jurisdiction to hear a judicial review application appealing a decision by a Port Authority denying trucking licences to the Applicants.
Full SummaryAquavita International S.A. v. M/V Pantelis (Ship), 2015 FC 180
Précis: The Federal Court held that it did have jurisdiction over a claim by a sub-charterer for excessive bunkers on board the ship when re-delivered at the conclusion of the sub-charter.
Full SummaryArcelormittal Mines Canada Inc. v. AK Steel Corporation, 2014 FC 118, 2014 FCA 287
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.
Full SummaryAlberta (Canada) v. Toney, 2012 FC 1412, 2013 FCA 217
Précis: The Federal Court of Appeal held that the Federal Court had no in personam jurisdiction over the Province of Alberta.
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