Morecorp Holdings Ltd. v. Island Tug & Barge Ltd., 2009 BCSC 1614

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

This was an application to set aside the arrest of the “ITB Pioneer”. The case concerned various allegations of breaches of a share purchase agreement between the parties. The plaintiff alleged, inter alia, that it was a term of the share purchase agreement that the parties would enter into a further agreement whereby the plaintiff’s tugs would be used to …

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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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F.C. Yachts Ltd. v. Vessel Bearing Hull No. QFY10703E709 (Yacht), 2007 FC 1257

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

The Plaintiff builder was building two yachts for the Defendant. The first yacht was substantially completed and payments were up to date. The Defendant was, however, alleged to be in arrears on the payments in respect of the second yacht. The builder commenced proceedings in respect of the second yacht but arrested the first yacht as a sistership to the …

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Labrador Sea Products Incorporated v. Northern Auk (Ship), 2007 FC 679

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

In this matter the Defendants had apparently removed fishing gear and other equipment from a vessel that was under arrest. The Court found the Defendants guilty of contempt, fined them $5,000 each and ordered that they pay costs fixed at $15,000. The Court noted that the requirements for contempt are: 1. the party alleging contempt has the burden of proving …

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Phoenix Bulk Carriers Ltd. v. Kremikovtzi Trade, 2007 SCC 13

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

By contract of affreightment between the Appellant and the Respondent, the Respondent agreed to ship a cargo of coal on the Appellant’s vessel. In alleged breach of this contract, the Respondent entered into a second contract of carriage with another shipowner and loaded the coal on board that shipowner’s vessel. The Appellant commenced an in rem proceeding against the cargo …

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Hansen v. The Trinity (Ship), 2007 BCSC 225

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

This was an application to set aside a warrant of arrest on the grounds of material non-disclosure by the Plaintiffs. The material non-disclosure was an earlier action for the same damages in which the Plaintiffs had applied for and been refused a mareva injunction. The Court held, for the first time, that full and frank disclosure is required when an …

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ICS Petroleum (Montreal) Ltd. v. es Dauphins du St. Laurent et al., 2005 FC 251

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

The Plaintiff in this action was a fuel supplier that had supplied fuel to a shore tank for use in three ships allegedly owned by the now bankrupt in personam Defendant. Two of the ships were in fact owned by the Defendant but the third ship, the “Corona Borealis”, was merely demise chartered to the Defendant. When the Defendant defaulted …

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Zhoushan Zhongchang Shipping Co. v. The "Otello Manship" et al., 2004 FC 1181

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

This was an application to set bail. The underlying action was for breach of contract for the sale and delivery of a bulk carrier. By the contract of sale the Defendant was required to deliver the vessel in China by 20 January 2004 which was later extended to 12 February 2004. The Defendants did not deliver the vessel as required …

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Fish Maker LLC v. The "Zodiak" et al., 2004 FC 6700

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

The Defendants brought this application to release the Defendant vessel from arrest without bail or, alternatively, to set bail. The Prothonotary refused to release the ship without bail noting that this will only be done in rare instances where the circumstances are quite extraordinary or where the case is beyond doubt hopeless. Accordingly, the Prothonotary set security at an amount …

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Atlantic Yacht 7 Ship Inc. v. Sovereign Yachts Inc. et al., 2003 FC 965

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

The Plaintiff in this matter alleged that it was owed commission by the Defendant yacht builder in respect of the Defendant yacht, the purchaser of which had been introduced by the Plaintiff to the Defendant. To secure its claim the Plaintiff effected an arrest of the Defendant yacht. The purchaser of that yacht brought this application to set aside the …

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