Précis: The Federal Court of Appeal held that a foreign fraud judgment in a non-maritime matter could not support a claim in rem and was outside the jurisdiction of the Federal Court.
Full SummaryBaines v. Deluney, 2002 CanLII 54020
This case involved the issue of whether or not a shrimp licence transferred to a fisherman was transferred for the purpose of a sale or the purpose of a long-term lease. After reviewing all of the evidence, the court concluded that the transfer was for the purpose of a lease and not a sale. It then imposed a constructive trust …
Full Summary