In Rem Actions and Arrest - Admiralty Law

Canadian Sub Sea Hydraulics Limited v. The "Cormorant", 2006 FC 1051

In Admiralty Practice, In Rem Actions and Arrest on September 1, 2006 (Updated June 28, 2012)

This was an application by the Defendant to set bail for the release of its ship from arrest. The underlying claim of the Plaintiff was for unpaid invoices relating to the provision of goods and services to the ship. There was also a counterclaim by the Defendant. The Court noted that bail was to be determined based on the Plaintiff’s …

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Amount - Bail - Caveat Warrants - Standard of Proof

Calogeras & Master Supplies Inc. v. Ceres Hellenic Shipping Enterprises Ltd., 2006 FC 764

In Admiralty Practice, In Rem Actions and Arrest on June 15, 2006 (Updated June 28, 2012)

This was an application to set the amount of bail. The Court noted that the general rule was that bail should be sufficient to cover the Plaintiff’s reasonably arguable best case including interest and costs but limited by the value of the arrested vessel. An apparently novel point raised in the motion was the standard that should be applied by …

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Arrest - In Rem Proceedings - Striking

ICS Petroleum (Montreal) Ltd. v. es Dauphins du St. Laurent et al., 2005 FC 251

In Admiralty Practice, In Rem Actions and Arrest on February 16, 2005 (Updated June 28, 2012)

The Plaintiff in this action was a fuel supplier that had supplied fuel to a shore tank for use in three ships allegedly owned by the now bankrupt in personam Defendant. Two of the ships were in fact owned by the Defendant but the third ship, the “Corona Borealis”, was merely demise chartered to the Defendant. When the Defendant defaulted …

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Arrest - Bail - Mitigation

Zhoushan Zhongchang Shipping Co. v. The "Otello Manship" et al., 2004 FC 1181

In Admiralty Practice, In Rem Actions and Arrest on August 27, 2004 (Updated June 28, 2012)

This was an application to set bail. The underlying action was for breach of contract for the sale and delivery of a bulk carrier. By the contract of sale the Defendant was required to deliver the vessel in China by 20 January 2004 which was later extended to 12 February 2004. The Defendants did not deliver the vessel as required …

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Arrest - Release without Bail - Security - Security for Costs

Fish Maker LLC v. The "Zodiak" et al., 2004 FC 6700

In Admiralty Practice, In Rem Actions and Arrest on May 6, 2004 (Updated June 28, 2012)

The Defendants brought this application to release the Defendant vessel from arrest without bail or, alternatively, to set bail. The Prothonotary refused to release the ship without bail noting that this will only be done in rare instances where the circumstances are quite extraordinary or where the case is beyond doubt hopeless. Accordingly, the Prothonotary set security at an amount …

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In Rem Actions - Repairers/Necessaries Suppliers - Service on Proceeds - Summary Judgment

Northwest Delta Yacht Services Inc. v. Sovereign Yachts et al., 2004 FC 304

In Admiralty Practice, In Rem Actions and Arrest on March 2, 2004 (Updated June 28, 2012)

The Plaintiff in this action had installed teak decking on the Defendant yacht pursuant to a contract with the builder. The Plaintiff was not paid by the builder and brought this proceeding in rem against the yacht and in personam against the builder and against the purchasers of the yacht. The statement of claim was served on one of the …

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Arrest - Commission Contract - In Rem Action - Striking

Atlantic Yacht 7 Ship Inc. v. Sovereign Yachts Inc. et al., 2003 FC 965

In Admiralty Practice, In Rem Actions and Arrest on August 8, 2003 (Updated June 28, 2012)

The Plaintiff in this matter alleged that it was owed commission by the Defendant yacht builder in respect of the Defendant yacht, the purchaser of which had been introduced by the Plaintiff to the Defendant. To secure its claim the Plaintiff effected an arrest of the Defendant yacht. The purchaser of that yacht brought this application to set aside the …

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Fishing Licenses - In Rem Actions - Striking

Roberts v. Andrews, 2003 BCSC 1002

In Admiralty Practice, In Rem Actions and Arrest on June 26, 2003 (Updated June 28, 2012)

This was an application to set aside a warrant of arrest and strike an in rem action. The case concerned a joint venture fishing operation in which the Plaintiff provided fishing licenses and the Defendant provided, inter alia, a fish packing vessel. A dispute arose as to the distribution of profits and the Plaintiff commenced this proceeding and arrested the …

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Abuse of Process - Arrest - Security

North King Lodge v. The "Gowlland Chief" et al., 2003 BCSC 947

In Admiralty Practice, In Rem Actions and Arrest on June 5, 2003 (Updated June 28, 2012)

This was an application to set aside the arrest of the Defendant vessel or alternatively for setting the form and amount of security. The underlying action concerned the sinking of the Plaintiff’s vessel due to the alleged negligence of the Defendants. The motions Judge considered first whether the arrest should be set aside due to abuse of process and noted …

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Arrest of Ships - Setting Bail - Whether Sister Ships

Norcan Electrical Systems Inc. v. Feeding Systems A/S et al., 2003 FCT 702

In Admiralty Practice, In Rem Actions and Arrest on June 2, 2003 (Updated June 28, 2012)

These were two actions for necessaries. The first was for necessaries supplied to the vessels “FB XIX” and “FB XX” . The second action was for necessaries supplied to the vessels “FB XXII” and “FB XXIII”, which were alleged to be sister ships of “FB XIX” and “FB XX”. The vessels “FB XIX” and “FB XX” were arrested pursuant to …

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