Précis: The British Columbia Court of Appeal confirmed the trial judgment holding that an administrative charge under the Companies Creditors Arrangement Act applied to the proceeds from the sale of a vessel and had priority over a mortgage.
Full SummaryRoynat Inc v. Phoenix Sun Shipping Inc, 2013 ONSC 7308
Précis: The Ontario Superior Court referred applications concerning the sale of a ship to the Federal Court on the grounds that deference had to be paid to the Federal Court Proceedings.
Full SummaryComfact Corporation v. Hull 717, 2012 FC 1161, 2013 FCA 93
Précis: The Federal Court of Appeal agreed with the trial Judge that s. 139 of the MLA did not give a lien to a subcontractor who supplied manpower to construct a vessel.
Full SummaryCameco Corp. v. The MCP Altona, 2013 FC 23
Précis: The Federal Court considered s. 139 of the MLA but confirmed the priority of a mortgagee.
Full SummaryWorld Fuel Services Corporation v. Nordems (Ship), 2011 FCA 73
This case probes the extent to which American maritime liens will be recognized by Canadian courts. Essentially, the issue was whether an American maritime lien would be recognized where bunkers were supplied to a ship under time charter outside of the United States or Canada and pursuant to a contract between the supplier and the time charterer. The bunker supply …
Full SummarySt. Anthony Seafoods Ltd. Partnership v. "F.V. Independence" (The), 2010 FC 634
This was an application by the plaintiff/mortgagee for possession of the defendant vessel for the purpose of selling it pursuant to s.69 of the Canada Shipping Act, 2001 (s.69 gives the mortgagee of a registered vessel a power of sale). The plaintiff alleged that there had been various breaches of a loan agreement but the Court found that there were …
Full SummaryKent Trade and Finance Inc. v. JPMorgan Chase Bank, 2008 FCA 399
This was a hearing to determine the priorities of various claimants to proceeds from the sale of the Lanner. The competing claimants were the mortgagee and 15 suppliers of necessaries. The suppliers, who would normally rank below the mortgagee, challenged the validity of the mortgage. Some of them argued they had maritime liens under American law and, in the alternative, …
Full SummaryNordea Bank Norge ASA v. KINGUK (Ship), 2007 FC 434
Two vessels had been sold by the Court for the sum of $5.8 million and this case was to determine priorities and distribute the proceeds. The fees and disbursements incurred in selling the ships were incurred by the mortgagee. These fees and expenses, including solicitors fees and brokerage fees, were given priority akin to Marshall’s fees. The next claims in …
Full SummaryNanaimo Harbour Link Corp. v. Abakhan & Associates Inc., 2007 BCSC 109
This matter concerned the bankruptcy of the owner and operator of a passenger ferry. The issue was whether maritime lien claimants are caught by the statutory stay of proceedings under the Bankruptcy and Insolvency Act. More specifically, the issue was whether the maritime claimants could proceed with their actions in the Federal Court and have priorities determined in accordance with …
Full SummaryChadwick et al. v. Philbrooks Boatyard Ltd., 2006 BCSC 1607
This was an application by the Plaintiff for an order that it be permitted to inspect two engines in the possession of the Defendant. The Defendant opposed the application on the grounds that it had a possessory lien over the engines which would be lost if the engines were removed from its possession for inspection. The Court agreed with the …
Full Summary