A. Paschos K. Katsikopoulos S.A. v. The "Polar" et al., 2003 FCT 584

In Admiralty Practice, Stays of Proceedings on (Updated )

This was an application to strike out the Statement of Claim because the Plaintiff had commenced an earlier action in Greece involving the same parties or, in the alternative, to stay the proceedings on the basis of forum non conveniens. The court was also requested to review the amount of the security that had been provided by the Defendants to …

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Norgate Marine Management v. Genfreight Limited (The "Conti Will"), 2003 FCT 444

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

This was an application, inter alia, to reduce the amount of security posted to release the vessel from arrest. The Court reduced the amount of security by 20% on the basis that the Court was satisfied that the claim would not succeed in full. The Court noted that the right of a Plaintiff to full security must be balanced so …

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NHM Internatinal Inc. v. F.C. Yachts Ltd. et al., 2003 FCT 373 (CanLII)

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

This matter concerned a dispute over the construction of a vessel. The Defendant had agreed to construct the vessel for a fixed price and progress payments were made by the Plaintiff during the course of construction. The vessel was, however, not completed on time and the Plaintiff went into possession as mortgagee under a builder’s mortgage. The Plaintiff also arrested …

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Striebel v. The "Chairman", 2002 FCT 925

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

The issue in this motion concerned the amount of security to be provided to a shipbuilder who had failed to complete construction of a yacht within the time frame required by the building contract. The purchasers took possession of the yacht as mortgagees and moved it to the yard of another builder for completion. The shipbuilder counterclaimed for lost profits …

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Cyber Sea Technologies Inc. v. Underwater Harvester, 2002 FCT 794

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

In this matter a submersible was arrested and the Defendant brought an application, inter alia, to release the submersible without bail or, in the alternative, to post security. The grounds for the Defendant’s application were that the action was without merit and that the dispute was subject to arbitration. The Prothonotary held that it is only in exceptional circumstances that …

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Whyte v. The "Sandpiper VI", 2002 FCT 271

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

In this matter the Plaintiff had arrested the Defendant dredge and afterwards learned that the “spoils pipeline” had been rented to a third party and moved. The Plaintiff thereafter brought this motion which was treated as an application to show cause order. The Defendant argued that the rented pipeline was not caught by the arrest warrant. However, the Prothonotary held …

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Brooks Aviation Inc. v. Wrecked and Abandoned Boeing Sb-17g Aircraft, 2002 FCT 503 (CanLII)

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

This very interesting application was for an order dispensing with service of the Statement of Claim, Affidavit to Lead Warrant and Warrant. The res was a B-17 aircraft that had crash landed on a lake in Labrador during the winter of 1947. The following year the aircraft sank during the spring thaw and it remains submerged. The wreck was discovered …

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Richardson International Ltd. v. The "MYS CHIKHACHEVA" et al., 2002 FCT 482

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

The issue in this motion was the interpretation of a letter of guarantee given by the Royal Bank of Canada to secure the release of the defendant vessel from arrest. By the letter of guarantee the bank agreed that if the owners did not pay a judgment against them execution could issue against the bank. The Plaintiff in due course …

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C.P. Ships (Bermuda) Ltd. v. The "Panther Max", 2002 FCT 406

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

This was an appeal from an order of a Prothonotary requiring the Defendants to pay $780,500.00 as security to obtain the release from arrest of the Defendant vessel and an additional 20% as a provision for interest and costs. The appeal Judge affirmed the award of the Prothonotary holding that he had properly understood and applied the correct test, namely, …

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Middleton et al v. Owner & Farquharson et al, 2000 BCSC 1621

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

This was a motion to strike out the action in rem. The Plaintiff’s action was to set aside a sale of the Defendant vessel by the mortgagee to a company controlled by the mortgagee at a price that was substantially less than the value of the vessel as appraised at the time the mortgagee took possession. The Plaintiff pleaded that …

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