Précis: The Federal Court of Appeal allowed a motion to vary the allocation of proceeds of sale from a vessel.
Full SummaryOffshore Interiors Inc. v. Worldspan Marine Inc., 2019 FC 546
Précis: The Federal Court refused to reallocate the priority of claims against proceeds of sale of a vessel.
Full SummaryOffshore Interiors Inc. v. Worldspan Marine Inc., 2017 FC 478
Précis: The Federal Court refused a motion for early payment of alleged surplus proceeds of sale.
Full SummaryOffshore Interiors Inc. v. Worldspan Marine Inc., 2014 FC 625, 2014 FC 655
Précis: The Federal Court approved the private sale of a deteriorating vessel.
Full SummaryCameco Corporation v. The MCP Altona, 2013 FC 177
Précis: A party was ordered to pay the costs of a priorities hearing, an unusual order as normally costs are a charge on the funds in court.
Full SummaryTAM International Inc. v. The MCP Altona, 2012 FC 1168, 2013 FC 9
The defendant ship was ordered to be sold and the order of sale provided that all reasonable expenses and agency fees necessary for the preservation, safekeeping or maintenance of the vessel were to be treated as sheriff’s costs. Upon assessment of the sheriff’s costs certain invoices and expenses were contested by one of the parties. The contested invoices included: amounts …
Full SummaryKeybank National Association v. The "Atchafalaya", 2010 FC 406 (CanLII)
This was a motion to intervene and to set aside an in rem judgment and order for sale. The intervenor was Dragage Verreault (“DV”), the plaintiff in another action who had a claim against the same vessel. The plaintiff in this action, Keybank, had been advised of the other action. Keybank obtained a judgment in this action on consent and …
Full SummaryRicci v. Tully, 2009 FC 493
This was a dispute between a husband and wife involved in divorce proceedings as to the ownership of a sailboat named “Forever Lost”. The boat was purchased with funds raised by the plaintiff/wife from a mortgage on her home but was registered in the name of the defendant/husband. The plaintiff claimed that she was the equitable owner of the boat …
Full SummaryFranklin Lumber Ltd. v. The "Essington II" et al., 2005 FC 95
This was an application by a mortgagee for a substantial extension of time (more than six years) within which to serve and arrest the vessel and a further application for Court approval of a private sale pendente lite. In deciding to grant the time extension, the Prothonotary applied the three-part test from Registered Public Accountants Association of Alberta v. Society …
Full SummaryGlobal Enterprises International v. The Ships "Aquarius","Sagran" and "Admiral Arciszewski", 2001 FCT 605
This was an application by the Polish trustee in bankruptcy of the Defendant shipowner for an extension of time in which to file an appeal of an order authorizing the sale of the Defendant ships and for a stay of the sale proceedings. The Prothonotary reviewed the case authorities on time extensions and noted that an applicant must generally show …
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