Précis: The Federal Court approved the private sale of a deteriorating vessel.
Full SummaryAdventure Tours Inc. v. St. John's Port Authority, 2014 FCA 172
Précis: The Federal Court of Appeal refused to strike a claim against a port authority for abuse of public office as being made out of time when it was a continuation of an earlier action and filed with leave of the court.
Full SummaryGeneral MPP Carriers Ltd. v. SCL Bern AG, 2014 FC 571
Précis: The Federal Court has no jurisdiction over a shareholders dispute even though the company was a “one ship company”.
Full SummaryWebasto (Hagedorn) v. Shasta Equities Ltd. (The Helios), 2013 FC 101, 2015 FCA 135
Précis: The Federal Court of Appeal held that preliminary investigation reports were not privileged even though counsel had been retained.
Full SummarySperling v. The Queen of Nanaimo, 2014 BCSC 326
Précis: The British Columbia Supreme Court held that a defendant could be added as a party to an existing action notwithstanding the expiry of the limitation period under s. 140 of the Marine Liability Act and where the court further held that the limitation period in s. 140 of the Marine Liability Act does not commence to run until the underlying material facts and the extent of the injury are known.
Full SummaryByatt International SA v. Canworld Shipping Company Limited, 2013 BCCA 558
This was an application to stay the order of the British Columbia Court of Appeal rendered in Byatt International S.A. v Canworld Shipping Company Limited, 2013 BCCA 427, wherein the court ordered that the ship owner was entitled to sub-freight paid into court. The grounds for the application were that an application for leave to appeal the decision had been …
Full Summary081768 BC Ltd v. The Ship Aestival, 2013 FC 899
Précis: The Federal Court held that an in rem action was available whenever damage was done by those in charge of a ship with the ship as the instrument.
Full SummaryLakeland Bank v. The Ship Never E Nuff, 2013 FC 864
The plaintiff was the mortgagee of the defendant vessel and brought this motion for summary judgment to sell the vessel promptly. In support of its motion the plaintiff filed an affidavit which apparently attached a judgment of the United States District Court of Northern New York in which the plaintiff was awarded US$190,000 and given the right to take possession …
Full SummaryQuin-Sea Fisheries Limited v. The Broadbill I, 2013 FC 575
The plaintiff and defendants entered into an agreement whereby, in consideration of a loan by the plaintiff, the defendants granted a mortgage over the defendant vessel and agreed to make its catch available to the plaintiff for one year following the year the loan was repaid. The loan was repaid but the defendants failed to sell their catch to the …
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 Summary