Précis: The Federal Court stayed proceedings after an equitable mortgagee failed to appeal its unsecured status by a the trustee in bankruptcy.
Full SummaryNirint Inc. (Nirint Canada) v. Mega Throphy Ltd, 2019 FC 1015
Précis: The Federal Court held a ship’s agent was to be reimbursed for expenses personally paid to correct deficiencies in the ship.
Full SummaryKirby Offshore Marine Pacific LLC v. Heiltsuk, 2019 FC 1009
Précis: Claims to Indigenous title will not stay a shipowner’s limitation proceeding from continuing.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. Cormorant (Ship), 2019 FC 977
Précis: The Federal Court refused a motion for judicial sale of an arrested vessel pendente lite where the sale would not abate the costs or liabilities of its arrest.
Full SummaryWorldspan Marine Inc. v. Sargeant, 2019 FCA 207
Précis: The Federal Court of Appeal allowed a motion to vary the allocation of proceeds of sale from a vessel.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. M.V. Matterhorn Limited, 2019 FC 926
Précis: The Federal Court discontinued the plaintiff’s action on the ground that the parties reached settlement on confidential terms out of Court.
Full SummaryBritish Columbia v. The Administrator of the Ship-source Oil Pollution Fund, 2019 BCCA 232
Précis: The B.C. Court of Appeal affirmed the decision of the lower Court to restore a company without prejudice to rights acquired in the interval between dissolution and restoration.
Full SummaryBeasse v. Canada, 2019 FC 768
Précis: The Federal Court dismissed a claim against the Canadian Coast Guard for loss of a vessel during a tow operation it organized.
Full SummaryOddy v. Waterway Partnership Equities Inc., 2019 BCCA 185
Précis: The British Columbia Court of Appeal dismissed an appeal against a finding by the trial judge that the owner of a houseboat met the standard of care in connection with injuries caused by a snapped mooring stake and rope.
Full SummaryFulford v. Harbour Authority of Placentia Area (Placentia Area Harbour Authority), 2019 NLSC 99
Précis: The Supreme Court of Newfoundland and Labrador dismissed an application for moorage and access to the defendant wharf.
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