Précis: The Federal Court dismissed a motion for release of an arrested vessel without bail.
Full SummaryUnited Yacht Transport LLC v. Blue Horizon Corporation, 2020 FC 1067
Précis The Federal Court found the defendants liable for unpaid fees owing to the plaintiff yacht transporter.
Full SummaryR. v. Vansickle, 2019 ONCJ 777
Précis: The Ontario Court of Justice held that evidence gathered from the operator of a pleasure craft was inadmissible and a breach of the operator’s Charter rights.
Full SummaryAvina v. The Ship Sea Senor, 2016 BCSC 749
Précis: The B.C. Supreme Court refused to set aside an arrest but also refused to order the sale of a vessel under arrest pendente lite.
Full SummaryFingad Shipping Ltd. v. Ningbo Arts & Crafts Imp & Exp. Co. Ltd., 2015 FC 851
Précis: The court applied issue estoppel and struck an in rem action on the grounds that a French court had previously determined the owner at the time of the commencement of the action was not the same as at the time the cause of action arose.
Full SummaryBBC Chartering Carriers GmBH & Co. KG v. Jindal Steel & Power Limited, 2014 FC 1205
Précis: The Federal Court refused to set aside an arrest where the underlying claim was by a charterer for demurrage. The court also held that time limited security to obtain the release of an arrest was not acceptable.
Full SummaryGeneral MPP Carriers Ltd. v. SCL Bern AG, 2014 FC 571
Précis: The Federal Court has no jurisdiction over a shareholders dispute even though the company was a “one ship company”.
Full Summary081768 BC Ltd v. The Ship Aestival, 2013 FC 899
Précis: The Federal Court held that an in rem action was available whenever damage was done by those in charge of a ship with the ship as the instrument.
Full SummaryCameco Corporation v. The "MCP Altona", 2012 FC 324
Précis: The court declined to return security given by cargo interests even though the shipowner was bankrupt, unbeknownst to the parties, at the time security was given.
Full SummaryArtificial Reef Society of Nova Scotia v. Canada, 2010 FC 865 (CanLII)
The plaintiff in this matter arrested a decommissioned naval vessel. Although it is not obvious from the reported reasons, the plaintiff appears to have alleged an agreement with the Crown for the transfer of the vessel to it but the Crown intended to have the vessel scrapped. In any event, the vessel was arrested at the instance of the plaintiff …
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