Collateral Attack - Admiralty Law

Mackenzie v. Canada (Transportation Safety Board), 2018 FC 322

In Miscellaneous Maritime Law Topics on March 20, 2018 (Updated August 23, 2018)

Précis: The Federal Court refused to quash a warrant granted by the provincial court on the grounds that it was a collateral attack on the order of the provincial court.

Full Summary

Collateral Attack - In Rem Proceeding - Intervention by Mortgagee - Practice

F.C. Yachts Ltd. v. P.R. Yacht Builders Ltd., 2010 FC 1066

In Admiralty Practice, Parties on October 28, 2010 (Updated June 27, 2012)

This was an application by the mortgagee of a vessel under construction for intervenor status. The vessel was being built under a contract between the purchaser, NWEY, and the builder, PRYB. This contract contained an arbitration clause. PRYB had, however, sub-contracted the labour part of the build to a related company, FCY. The subcontract contained no arbitration clause. The funds …

Full Summary