Admiralty Practice - Admiralty Law

TAM International Inc. v. The MCP Altona, 2012 FC 1168, 2013 FC 9

In Admiralty Practice, Judicial Sales on January 7, 2013 (Updated March 08, 2013)

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 …

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T. Co. Metals LLC v. The Federal Ems, 2011 FC 291, 2012 FCA 284

In Admiralty Practice, Stays of Proceedings on November 8, 2012 (Updated July 11, 2012)

A cargo of cold-rolled steel coils was carried from Brazil to Toronto pursuant to bills of lading that incorporated the terms and conditions of a voyage charterparty between the exporter and the time charterer of the vessel. Pursuant to the terms of the voyage charterparty, the exporter was to be responsible for the loading, stowing and discharging of the cargo. …

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Costs - Offer to Settle - set off

Calogeras & Master Supplies Inc v. Ceres Hellenic Shipping Enterprises Ltd., 2011 FC 1276, 2012 FCA 244

In Admiralty Practice, Costs and Security for Costs on September 20, 2012 (Updated April 08, 2013)

The plaintiff, ship chandler, had been successful at trial and was awarded damages of approximately $100,000 for unpaid invoices. The plaintiff now sought to recover its legal fees, which were recoverable pursuant to the terms of the contract. The defendant also sought costs on the basis that the plaintiff’s award did not exceed a settlement offer the defendants had made. …

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Abuse of Process - Other Proceedings - Practice

Seanautic Marine Inc. v. Jofor Export Incorporated, 2012 FC 328

In Admiralty Practice on March 20, 2012 (Updated July 11, 2012)

Précis: The court affirmed that dismissal of a prior proceeding without an adjudication on the merits is not a bar to later proceedings.

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Arrest - Bankruptcy of Shipowner - Return of Security - Security

Cameco Corporation v. The "MCP Altona", 2012 FC 324

In Admiralty Practice on March 19, 2012 (Updated July 17, 2012)

Précis: The court declined to return security given by cargo interests even though the shipowner was bankrupt, unbeknownst to the parties, at the time security was given.

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Judgments - set off - Stay of Execution

Calogeras & Master Supplies Inc. v. Ceres Hellenic Shipping Enterprises Ltd., 2012 FCA 79

In Admiralty Practice, Judgments and Enforcement of Judgments on March 8, 2012 (Updated April 08, 2013)

The plaintiff had obtained a judgment against the defendant for $100,000 plus interest and a costs award of approximately $35,000. The defendant had also been awarded costs in the amount of approximately $160,000 from the date of an offer it had made and had been given the right to set-off its costs award against amounts owing to the plaintiff. The …

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Addition of Party - Practice

Secunda Marine Services Ltd. v. Caterpillar Inc, 2012 NSSC 53

In Admiralty Practice on February 3, 2012 (Updated July 11, 2012)

Précis: The plaintiff was allowed to amend its claim by adding a new plaintiff 10 years after the incident giving rise to the claim.

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Abandonment of Claim - Costs - Liability of Claimant

TAM International Inc. v. The " MCP Altona", 2012 FC 128

In Admiralty Practice on February 1, 2012 (Updated July 11, 2012)

Précis: Costs were awarded against a party that withdrew a claim against proceeds of sale.

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Costs - Double Costs - Practice

FFS HK Ltd v. P.T. 25 (Ship), 2011 BCSC 1418

In Admiralty Practice on October 21, 2011 (Updated July 11, 2012)

In this matter the plaintiff was successful at trial in that it obtained an order that the defendant was 50% at fault for a pollution incident. The plaintiff now sought to recover its costs. The plaintiff was awarded special costs and 100% of its costs and disbursements. Special costs were awarded primarily because the defendant advanced evidence of a witness …

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Default Judgment - Discovery - Failure to Answer - Practice

CF Boatworks Inc. v. James, 2011 FC 1101

In Admiralty Practice on September 26, 2011 (Updated July 11, 2012)

In this matter the defendant’s statement of defence had been struck for failure to provide a list of documents or written answers to interrogatories. The plaintiff now brought this motion for default judgment. The Prothonotary noted that on a motion for default judgement there are two questions: is the defendant in default and is there evidence to support the plaintiff’s …

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