Fraser River Pile & Dredge Ltd. v. Empire Tug Boats Ltd., No.T-11631-93 (F.C.T.D.)

In Admiralty Practice, Discovery on (Updated )

This was an application in limitation proceedings for inspection of a ship’s steering system. The shipowner contested the application arguing that it would be inconvenient and that it should not be done until all claimants in the limitation proceedings were known. The Court acknowledged that the inconvenience of the shipowner was a matter to take into account but held that …

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Portbec Forest Products Ltd. v. The "Bosporus", No. T-556-92 (F.C.T.D.)

In Admiralty Practice, Service on (Updated )

This case concerned Rule 310(2) of the Federal Court Rules which permits a non-resident to be served by serving an agent within the jurisdiction. The Plaintiff served the Defendant shipping line and shipowner by serving a local port agent who had been authorized to sign bills of lading and to attend to the Defendant ships husbandry. The Defendants led evidence …

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Granville Shipping Co. v. Pegasus Lines Ltd., [1996] 2 FC 853

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

This case involved a claim by the Plaintiff for unpaid hire under a charterparty and a counterclaim by the Defendant for damages for delay. The Plaintiff brought a motion for summary judgment on the main claim and a motion for an order staying the counterclaim and referring it to arbitration pursuant to the arbitration clause in the charterparty. The Court …

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Pennecon v. The "Jean Raymond", No T-1877-85 (F.C.T.D.)

In Admiralty Practice, Delay and Time Extensions on (Updated )

This was a motion to dismiss a claim for want of prosecution. The claim had been filed in August, 1985. The Statement of Defence was not filed until November 1, 1989. On November 15, 1991, the Plaintiff filed a Notice of Intention to Proceed but no steps were taken. Various minor notices were sent over the next 4 years. In …

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Ferguson v. Arctic Transportation Ltd., [1996] 1 FC 771

In Admiralty Practice, Parties on (Updated )

This was an action by the Plaintiff against the Defendant shipowner for personal injuries suffered by the Plaintiff while the Defendant ship was transiting the Panama Canal. At the time of the accident the Plaintiff was employed as a Pilot by the Panama Canal Commission. The Defendant in the case had previously joined the Panama Canal Commission as a Third …

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Humble v. The "Queen of Alberni", Reg. No.C940031, (B.C.S.C.)

In Admiralty Practice, Stays of Proceedings on (Updated )

This was an application by the Defendant for a stay of the Plaintiff’s action on the grounds that there were similar actions pending in the Federal Court of Canada. The Defendant wanted all actions consolidated. The British Columbia Supreme Court refused the application on the basis that the Plaintiff’s claim might be time barred in the Federal Court and the …

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Valley Towing Ltd. v. Celtic Shipyards (1988) Ltd., (August 22, 1995) No. T-1492-95

In Admiralty Practice, Discovery on (Updated )

This was an application in limitation proceedings for inspection of a ship’s steering system. The shipowner contested the application arguing that it would be inconvenient and that it should not be done until all claimants in the limitation proceedings were known. The Court acknowledged that the inconvenience of the shipowner was a matter to take into account but held that …

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Atlantic Shipping (London) Ltd v. The Captain Forever, (June 12, 1995), No. T-1165-95 (F.C.)

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

In this matter the Plaintiff had commenced arbitration proceedings in England for reimbursement of moneys paid for bunkers under a charter party, and had negotiated security for the bunkers claim. The Plaintiff later commenced action for breach of charter party and for the bunkers claim. The Plaintiff sought a much higher sum as security. The issue in the case was …

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Feoso Oil Limited v. The "Sarla", [1995] 3 FC 68

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

This was a motion for summary judgment involving a claim by the Plaintiff for non-payment of an invoice relating to bunkers supplied to the Defendant ship. The ship had been under a time charter although it was not clear whether the charter had come to an end before the bunkers were ordered. The Defendant owners resisted the claim and the …

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Key Marine Industries Ltd. v. The "Glen Coe", (1995), 92 F.T.R. 313, (F.C.T.

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

The Plaintiff in this matter applied for default judgment against the Defendants. The Plaintiff had effected service of the Statement of Claim on the ship but had not served the owners and no Statement of Defence had been filed. The filing of a defence would have amounted to an appearance in the action by the owners and would have converted …

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