Précis: The purchase of a vessel through the medium of a company accompanied by a loan to purchase shares in the company is not a secured transaction entitling foreclosure against the purchased vessel.
Full Summary9171-7702 Quebec Inc. v. Canada, 2013 FC 832
Précis: The Federal Court surprisingly held that the sale of a vessel in Quebec was governed by the Quebec Civil Code.
Full SummaryGilling v. Cox, 2004 FC 1743
In this matter the Plaintiff commenced proceedings for a declaration that he was the owner of a yacht, for an order declaring a purported sale of the yacht null and void and for damages against the Defendant for the unauthorized sale of the yacht. The Defendant did not appear at the hearing and the only evidence given was that of …
Full SummaryClifts Marine Sales(1992) Ltd. et al. v. Moorco Inc. et al., 2001 FCT 1369
This was a claim by a yacht broker for commission. The Defendant denied the broker was entitled to a commission as the Listing Agreement had been terminated and the vessel was sold to a person who had not been introduced by the broker. The Prothonotary found, however, that the Defendant terminated the Listing Agreement to sell the vessel himself and …
Full SummarySproule v. The "Compass Rose II", 2001 FCT 1304
This was an action by the Plaintiff to recover the balance of $25,000.00 alleged to be owing on a written contract of purchase and sale of a vessel. The defence was that there had been an oral variation of the written contract whereby the Plaintiff agreed to accept a lesser amount in return for prompt payment. The Plaintiff argued, inter …
Full SummaryGrosvenor v. Streifel, 1999 CanLII 6393
This was an action for the unpaid balance of the purchase price of a used vessel. The Statement of Defence and Counterclaim alleged that the vendor had made false representations. Specifically, the purchaser alleged he was induced to enter into the transaction by a marine survey that was given to him by the vendor and by statements made by the …
Full SummaryAmirault v. Prince Nova (The), 1998 CanLII 7899
This was a motion to strike the Statement of Claim as being outside the jurisdiction of the court. The Plaintiff, a ship broker, alleged that it had entered into an option to the "Prince Nova" with the corporate Defendant. the owner of the "Prince Nova". The alleged terms of the option were that it was to be exercised only after …
Full SummaryMcPhail's Equipment Co. v. Prairie Warehouse Leasing Corp., 1998 CanLII 7318
This was an action by the buyer of a yacht against the vendor for damages for conveying the yacht to a third party and, against the buyer’s solicitor for negligence in the handling of the transaction. The Court found that the Defendant vendor deliberately attempted to avoid the sale to the Plaintiff because it had found a buyer who was …
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