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The Governor and Company of the Bank of Scotland v. The Nel, (February 16, 1998), No.T-2416-97

In Admiralty Practice, Other Practice Topics on (Updated )

This was an appeal from an order of the Prothonotary in which the Prothonotary refused an adjournment of a pending motion and refused to allow counsel to appear by telephone conference call on short notice. The appeal was denied. The Judge on appeal noted, as did the Prothonotary, that the Court often tries to proceed by telephone conference call when …

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Gleason v. The Dawn Light, 1997 CanLII 5118, 1998 CanLII 7318

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

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 …

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458093 B.C. Ltd. v. The "Zomby Woof", 1998 CanLII 7231

In Admiralty Practice, Service on (Updated )

It is generally thought that there can not be substitutional service on a ship of an in rem Statement of Claim or Warrant for arrest. However, there are exceptions to even the most steadfast rules, as this case demonstrates. We can do no better but to introduce this case using the words of Prothonotary Hargrave. The Plaintiff applies, ex parte, …

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Scandia Shipping Agencies Inc. v. Alam Veracruz (The), 1997 CanLII 5837

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

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 …

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Porto Seguro Companhia De Seguros Gerais v. Belcan S.A. et.al.,, [1997] 3 SCR 1278

In Admiralty Practice, Other Practice Topics on (Updated )

This was an appeal from the Federal Court of Appeal. The issue was whether a party may call expert evidence when the Court has appointed assessors. At trial, the trial Judge applied a well established rule of admiralty and, pursuant to that rule, she refused to disclose to the parties the questions put to assessors and refused the parties the …

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Reano v. The "Jennie W", 1997 CanLII 5907

In Admiralty Practice, Service on (Updated )

This was an appeal from the dismissal of a motion to set aside a default judgement. The action was for wages and expenses. The action was commenced in May 1996. The Statement of Claim did not contain the required endorsement in Form 4. The Statement of Claim and Warrant of arrest were served on the ship on May 28, 1996. …

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The Governor and Company of the Bank of Scotland v. The "Nel", 1997 CanLII 5901

In Admiralty Practice, Judicial Sales on (Updated )

This was an application by the mortgagee of the Defendant vessel for Court approval of a private sale. The mortgage covered four vessels and was outstanding in the amount of US$12 million. All of the vessels were in various stages of sale proceedings and it appeared likely that there would be a deficiency under the mortgage even after all the …

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Kajat v. The Arctic Taglu, 1997 CanLII 5937

In Admiralty Practice, Costs and Security for Costs on (Updated )

This case concerned a collision between a fishing vessel and a tug and tow combination. The full facts of the case are summarized under Collisions. This application was to determine costs, amongst other issues. The Plaintiff applied for increased costs on the grounds that the Defendant had taken extreme positions and that some of the Defendants had been less than …

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The Queen v. The "Western Horizion", No.T-1620-96 (F.C.)

In Admiralty Practice, Judicial Sales on (Updated )

This was a motion by the Plaintiff to sell the "Western Horizon" pendente lite and a motion by the Defendant to stay any such sale. The Plaintiff was the holder of a registered mortgage against the vessel in the amount of $200,000.00. The vessel, however, was only valued at approximately $60,000.00. The Plaintiff’s motion was allowed by the Court on …

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Viktor Overseas Ltd. v. The "Filomena Lembo" et.al., 1997 CanLII 5733

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

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 …

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