This was an application to set aside the arrest of certain cargo belonging to the second Defendant. The underlying action was for breach of charter party. The Plaintiff had entered into a Gencon charter party with the first Defendant, the owner of the ship "Ideal", for the carriage of used axles to Newark on board the "Ideal". The second Defendant …
Full SummaryCold Ocean Inc. v. The Gornostaevka, 1999 CanLII 8047
This action concerned a claim by the Plaintiff for breach of a fishing agreement by the Defendant who was the demise charterer of the two Defendant ships. The Plaintiff arrested the ships and the cargo on board one of the vessels. The moving party, the sub-charterer of the ships and the owner of the cargo that had been arrested, brought …
Full SummaryAbitibi-Price Sales v. C.V. The "Bontegracht", 1998 CanLII 8562
This was an appeal from a decision of a Prothonotary. The Statement of Claim had been issued on July 11, 1997. On August 14, 1998, after the Statement of Claim had expired, the Plaintiff obtained a Warrant of Arrest and threatened to arrest the "Bontegracht" at Baie Comeau, Quebec. The Defendants provided a letter of undertaking to prevent the arrest. …
Full SummaryNorth Star Ship Chandler Inc. v. The Giuseppe Di Vittorio, 1998 CanLII 8040
This was a motion to dismiss the action in rem and set aside the arrest of a sistership. The Defendant maintained that the alleged sistership, the "Lynx", had a different owner from the "Giuseppe Di Vittorio", the ship was the subject of the action. The Defendant relied on the Lloyd’s List of Shipowners and Monthly Supplement which showed Black Sea …
Full SummaryGleason v. The Dawn Light, 1997 CanLII 5118, 1998 CanLII 7318
This was a summary judgment application to dismiss the Plaintiff’s claim for specific performance of an agreement of purchase and sale of the Defendant vessel and an application to set aside the arrest of the vessel. The Plaintiff alleged that the Defendant had agreed to sell the Defendant vessel to him but then sold it to the intervenor. The motions …
Full SummaryScandia Shipping Agencies Inc. v. Alam Veracruz (The), 1997 CanLII 5837
The issue in this case was whether an action In Rem is available against all property of a Defendant or only against the property that is the subject of the action. The underlying action involved a claim by the Plaintiff agent alleging that the Defendant shipping line had wrongfully terminated the brokerage agreement between them. The agent commenced In Rem …
Full SummaryViktor Overseas Ltd. v. The "Filomena Lembo" et.al., 1997 CanLII 5733
This was an application to set aside a Warrant for arrest in a claim for unpaid repairs to the vessel. The shipowner argued that the Plaintiff had no right to arrest because the repairs were ordered by the bareboat charterer who had no authority to contract on behalf of the owner. However, the Court noted that the Statement of Claim …
Full SummaryAmican Navigation Inc. v. The "Necat A" et al., 1997 CanLII 6185
This was an appeal from the Prothonotary. The original motion was by the shipowner to reduce the amount of bail that had been posted to secure the release of the ship from arrest. The underlying action was for breach of charterparty. The Plaintiff alleged the Defendant failed to provide a ship to load a cargo the Plaintiff had undertaken to …
Full SummaryArmada Lines Ltd. v. Chaleur Fertilizers Ltd., [1997] 2 SCR 617
This important case concerns when an arresting party is liable for wrongful arrest. In a ground breaking decision reported at [1995] 1 F.C. 3, the Federal Court of Appeal held that an arresting party could be liable for wrongful arrest merely upon a finding that the arrest was "illegal" or "without legal justification". The Supreme Court of Canada, however, reversed …
Full SummaryBelgo Nineira Commercial Exportadora S.A. et. al. v. Hadley Shipping Co. Ltd. et.al., 1997 CanLII 5133
In this matter the Plaintiff had commenced action against the wrong-doing vessel and three sister ships. One of the sister ships had been in the jurisdiction but it had not been served by the Plaintiff who subsequently obtained an order extending the time for service of the Statement of Claim. The same sister ship later returned to the jurisdiction. The …
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