Caterpillar Financial Services Corporation v. Boale Wood & Company, 2013 BCSC 1593, 2014 BCCA 419

In Maritime Liens, Mortgages & Priorities on (Updated )

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.

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World Fuel Services Corporation v. Nordems (Ship), 2011 FCA 73

In In Rem Actions and Arrest, Maritime Liens, Mortgages & Priorities on (Updated )

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 …

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St. Anthony Seafoods Ltd. Partnership v. "F.V. Independence" (The), 2010 FC 634

In Maritime Liens, Mortgages & Priorities on (Updated )

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 …

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Kent Trade and Finance Inc. v. JPMorgan Chase Bank, 2008 FCA 399

In Maritime Liens, Mortgages & Priorities on (Updated )

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, …

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Nordea Bank Norge ASA v. KINGUK (Ship), 2007 FC 434

In Maritime Liens, Mortgages & Priorities on (Updated )

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 …

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Nanaimo Harbour Link Corp. v. Abakhan & Associates Inc., 2007 BCSC 109

In Maritime Liens, Mortgages & Priorities on (Updated )

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 …

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Chadwick et al. v. Philbrooks Boatyard Ltd., 2006 BCSC 1607

In Discovery, Maritime Liens, Mortgages & Priorities on (Updated )

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 …

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