Précis: The Federal Court granted default judgment in favour of the plaintiff and ordered the sale of the in rem defendant cargo, a Turbine Control Centre.
Full SummaryCareen v. Few & Strathie Ltd., 2003 NLCA 33
This case involved the breach of agreement respecting the purchase and sale of a fishing licence. This agreement included a declaration of trust concerning the status of the licence prior to it being transferred to the purchaser. Prior to the licence being completely paid for and prior to the transfer of the licence, the vendor made an assignment in bankruptcy. …
Full SummaryDugas (Re Bankruptcy) v., 2004 NBCA 15
This case involved a bankrupt fisher who because of poor health, arranged for another person to fish his crab licence. At issue was the extent to which the trustee in bankruptcy could collect the revenue received from the licence revenue. Although it was agreed that the licence itself was exempt from seizure (see s. 2 of the Bankruptcy Act), the …
Full SummarySaulnier v. Royal Bank of Canada, 2008 SCC 58
This case involved the holder of a lobster licence, a herring licence, a swordfish licence and a mackerel licence, the combined value of which exceeded $600,000. Upon the holder of the licence making an assignment into bankruptcy (after being placed in receivership by the bank), an application was made by the Royal Bank for a declaration that these fishing licences …
Full SummaryNanaimo Harbour Link Corp. v. Abakhan & Associates Inc., 2007 BCSC 109
This matter concerned the bankruptcy of the owner and operator of a passenger ferry. The issue was whether maritime lien claimants are caught by the statutory stay of proceedings under the Bankruptcy and Insolvency Act. More specifically, the issue was whether the maritime claimants could proceed with their actions in the Federal Court and have priorities determined in accordance with …
Full SummaryGlobal Enterprises International v. The "Aquarius", "Sagran" and "Admiral Arciszewski", 2001 FCT 1311
In this case the Polish trustee in bankruptcy of the owner of the Defendant ships had filed an affidavit of claim claiming the entire proceeds of sale of the vessels for the purpose of distributing the proceeds in the Polish bankruptcy proceedings. An Intervening creditor brought this application to strike the trustee’s affidavit of claim. The Prothonotary commenced his analysis …
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