Norwegian Bunkers AS v. Boone Star Owners Inc., 2014 FC 1200

In Ship Suppliers on (Updated )

Précis: The Federal Court held that Brazilian law applied to a claim for bunkers supplied to a chartered vessel in Brazil and that such law gave the supplier a maritime lien but, there was no in personam claim as against the ship owner when the charterer ordered the bunkers.

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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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Russell et al. v. MacKay, 2007 NBCA 55

In Carriage of Passengers by Sea on (Updated )

The Plaintiff was a passenger on a whale watching vessel and was injured at sea when she tripped over a cooler while leaving the washroom on the vessel. The accident occurred on 3 August 2003 but action was not commenced until 20 July 2006. The Defendants brought this motion to dismiss the Plaintiff’s claim on the grounds that it was …

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Imperial Oil Limited v. Petromar Inc., 2001 FCA 391

In Maritime Liens, Mortgages & Priorities on (Updated )

This was an appeal from a decision of the Trial Division declaring that the Defendant had a maritime lien. The issue in the case was whether the contract for the supply of marine lubricants was subject to American law and, consequently, whether the Defendant had a maritime lien. The Defendant, an American corporation, supplied lubricants through a sub-contractor to two …

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