Précis: The Federal Court dismissed the third party’s motion to strike the plaintiffs’ statement of claim on the basis of delay in the prosecution of their claim, and ordered the matter to proceed pursuant to mandatory scheduling orders.
Full SummaryCertain Underwriters at Lloyd's and Soline Trading Ltd. v. Mediterranean Shipping Company S.A., 2017 FC 460, 2017 FC 893
Précis: The Federal Court held it had no jurisdiction to adjudicate a third party claim for indemnity brought by the ocean carrier against a trucker who took delivery of the cargo either unlawfully or negligently.
Full SummarySaam Smit v. The Hanjin Vienna, 2017 FC 745
Précis: The Federal Court permitted partial payment out of proceeds from the sale of a vessel after assessing the best reasonable cases of the various claimants.
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., 2017 FC 479
Précis: The court permitted the filing of a supplementary affidavit and addressed questions relating the scope of cross-examinations and documents to be produced.
Full SummaryAtlantic Container Lines AB v. Cerescorp Company, 2017 FC 465
Précis: The Federal Court permitted a defendant to amend its Statement of Defence to allege additional causes of the collapse of a stow of containers where the amendments were not a radical departure from prior pleadings, were not doomed to fail and the motion to amend was made in a timely fashion.
Full SummaryCanadian National Railway Company v. Hanjin Shipping Co Ltd, 2017 FC 198
Précis: A motion by the Owner of the “Hanjin Vienna” to strike the Statement of Claim of the Canadian National Railway Company on the grounds that it disclosed no cause of action or was scandalous, frivolous or vexatious was dismissed.
Full SummaryPlatypus Marine Inc. v. TATU (Ship), 2016 FC 1095
Précis: The Federal Court ordered that a Caveat Release be set aside and released the defendant ship from arrest notwithstanding an impending appeal.
Full SummaryPlatypus Marine Inc. v. The ship Tatu, 2016 FCA 224
Précis: The Federal Court of Appeal held that it did not have the original jurisdiction to order the arrest, the continuance of an arrest, or the release of a vessel. That power belongs to the Federal Court.
Full SummaryAvina v. The Ship Sea Senor, 2016 BCSC 749
Précis: The B.C. Supreme Court refused to set aside an arrest but also refused to order the sale of a vessel under arrest pendente lite.
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