Précis: The Federal Court permitted partial payment out of proceeds from the sale of a vessel after assessing the best reasonable cases of the various claimants.
Full SummaryPlatypus Marine Inc. v. TATU (Ship), 2016 FC 1095
Précis: The Federal Court ordered that a Caveat Release be set aside and released the defendant ship from arrest notwithstanding an impending appeal.
Full SummaryPlatypus Marine Inc. v. The ship Tatu, 2016 FCA 224
Précis: The Federal Court of Appeal held that it did not have the original jurisdiction to order the arrest, the continuance of an arrest, or the release of a vessel. That power belongs to the Federal Court.
Full SummaryAvina v. The Ship Sea Senor, 2016 BCSC 749
Précis: The B.C. Supreme Court refused to set aside an arrest but also refused to order the sale of a vessel under arrest pendente lite.
Full SummaryFingad Shipping Ltd. v. Ningbo Arts & Crafts Imp & Exp. Co. Ltd., 2015 FC 851
Précis: The court applied issue estoppel and struck an in rem action on the grounds that a French court had previously determined the owner at the time of the commencement of the action was not the same as at the time the cause of action arose.
Full SummaryLF Centennial Pte. Ltd. v. TRLU7228664 et al (Containers), 2015 FC 214
Précis: An in rem plaintiff has no right to commence proceedings and arrest in Federal Court when there are ongoing insolvency proceedings in a provincial superior court and an outstanding order under the Bankruptcy and Insolvency Act staying all proceedings.
Full SummaryHarry Sargeant III v. Al-Saleh, 2014 FCA 302
Précis: The Federal Court of Appeal held that a foreign fraud judgment in a non-maritime matter could not support a claim in rem and was outside the jurisdiction of the Federal Court.
Full SummaryBBC Chartering Carriers GmBH & Co. KG v. Jindal Steel & Power Limited, 2014 FC 1205
Précis: The Federal Court refused to set aside an arrest where the underlying claim was by a charterer for demurrage. The court also held that time limited security to obtain the release of an arrest was not acceptable.
Full SummaryWestshore Terminals Limited v. Leo Ocean S.A. (The Cape Apricot), 2014 FC 136, 2014 FCA 231
Précis: The Federal Court of Appeal held that a letter of undertaking given to secure the release of a vessel from arrest was valid and binding and further held that s. 43(8) of the Federal Courts Act did not permit the arrest of multiple vessels.
Full SummaryGeneral MPP Carriers Ltd. v. SCL Bern AG, 2014 FC 571
PrĂ©cis: The Federal Court has no jurisdiction over a shareholders dispute even though the company was a “one ship company”.
Full Summary