Précis: The British Columbia Supreme Court held that the unpaid vendor of marine assets sold to the bankrupt and secured by a registered security interest had priority over the claims of the administrator of the pension plan of the bankrupt.
Full SummaryDP World Prince Rupert Inc. v. The Hanjin Vienna, 2017 FC 761
Précis: The court ordered that claimants proceeding by way of action produce documents that may be relevant.
Full SummarySargeant v. Worldspan Marine Inc., 2017 BCSC 1153
Précis: The British Columbia Supreme Court refused to stay the action before it where a similar but not identical action was proceeding in the Federal Court.
Full SummaryOffshore Interiors Inc. v. Worldspan Marine Inc., 2016 FC 27, 2016 FCA 307
Précis: The Federal Court will not require parties to litigate issues in another court. The priorities as between the builder and purchaser/mortgagee depend on the wording of the contractual documents.
Full SummaryVerreault Navigation Inc. v. 662901 N.B. Ltd., 2016 FC 1281
Précis: This matter concerned the ranking of various claimants to proceeds from the sale of a ship.
Full SummaryRe: Hanjin Shipping Co. Ltd. v., 2016 BCSC 2213
Précis: The automatic stay of proceedings that arises upon recognition of a foreign insolvency proceeding does not automatically include existing Federal Court in rem proceedings.
Full SummaryLakeland Bank v. The Ship NEVER E NUFF, 2016 FC 1096
Précis: The Federal Court gave judgment in rem in favour of a U.S. mortgagee notwithstanding the sale of the vessel to an innocent purchaser. Provincial laws requiring registration of a mortgage had no application in the circumstances.
Full SummaryBallantrae Holdings Inc. v. The Ship Phoenix Sun, 2016 FC 570
Précis: This case deals with priorities as between various claimants and addresses the relevance of provincial personal property security legislation (PPSA) to maritime claims and priorities.
Full SummaryNational Bank of Canada v. Rogers, 2015 FC 1207
Précis: The bank/mortgagee was granted summary judgement upon the default of the debtor in advance of the sale of the ship.
Full SummaryOffshore Interiors Inc. v. Worldspan Marine Inc., 2013 FC 1266, 2015 FCA 46
Précis: The Federal Court of Appeal dismissed an appeal and confirmed the trial judgment holding that a Builder’s mortgage secured advances made by the purchaser and that the builder was under an obligation to repay those advances.
Full Summary