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Hodder Tugboat Co. Ltd. v. JJM Construction Ltd. et al., 2010 FCA 279

In Marine Insurance on (Updated )

This case involved damage to two barges that were under charter. Following the incidents giving rise to the damage an action was commenced in the name of the owner and the charterer against Texada and Pacific. This action was essentially a subrogated action brought by the underwriters of the barges. Subsequently a second action was commenced by the owner against …

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Dragage Verreault Inc. v. The Atchafalaya, 2009 FC 273

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This matter arose out of a contract for the dredging of a channel. The plaintiff was the head contractor under the dredging contract. The plaintiff subcontracted the job to a company known as B+B Dredging. The contract specified the work was to be done by the "Atchafalaya" which was owned by a company called Proteus and under bareboat charter to …

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Kremikovtzi Trade v. Phoenix Bulk Carriers Ltd., 2007 FCA 381

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was a claim in rem against the owners and all others interested in a particular cargo. This particular application was a re-hearing of various issues that had been referred back to the Court of Appeal after the Supreme Court of Canada overturned the Court of Appeal on the issue of in rem jurisdiction in Phoenix Bulk Carriers Ltd. v. …

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Maritima de Ecologia, S.A. de C.V. v. Maersk Defender (Ship), 2007 FCA 194

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

In this matter Secunda discussed with the Appellant an arrangement whereby Secunda, or a company controlled by it, would purchase the Maersk Defender, modify the vessel to meet the requirements of the Appellant and then charter the vessel to the Appellant. Subsequently Atlantic, a company controlled by Secunda, entered into an agreement with Maersk to purchase the vessel and entered …

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