Arrow Corporation Inc. v. The "Sea Tiger" et al., 2004 FC 1502

In Admiralty Practice, Service on (Updated )

This was an application to extend time for service of a Statement of Claim on one of the Defendants. The facts were that the Plaintiff had provided the Defendant with a copy of the Statement of Claim shortly after it was issued and later asked the Defendant to acknowledge service. The Defendant did not acknowledge service so the Plaintiff arranged …

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Finlandia Cheese Inc. v. Shoreline Shipping SA et al., 2003 FC 9

In Admiralty Practice, Service on (Updated )

In this matter the Prothonotary granted the Plaintiff an extension of time within which to serve its Statement of Claim and validated service by mail. The facts were that the Plaintiff had mailed the Statement of Claim to the Defendant but the Defendant had changed its address without advising the Plaintiff. When the Plaintiff became aware of the change of …

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Global Enterprises International v. The "Aquarius", 2002 FCT 193

In Admiralty Practice, Delay and Time Extensions on (Updated )

This was an application by the Polish trustee in bankruptcy of the Defendant shipowner for an extension of time in which to file appeal of an order striking the trustee’s affidavit of claim and of an order refusing the appointment of pro bono counsel. The Prothonotary dismissed the application on the grounds that there was not a continuing intention to …

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Global Enterprises International v. The Ships "Aquarius","Sagran" and "Admiral Arciszewski", 2001 FCT 605

In Admiralty Practice, Judicial Sales on (Updated )

This was an application by the Polish trustee in bankruptcy of the Defendant shipowner for an extension of time in which to file an appeal of an order authorizing the sale of the Defendant ships and for a stay of the sale proceedings. The Prothonotary reviewed the case authorities on time extensions and noted that an applicant must generally show …

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Croisieres A.M.L. Inc. v. Goelette Marie Clarisse Inc., 2000 CanLII 16153

In Limitation Periods in Maritime Law on (Updated )

This was an application to extend the two year limitation period set by s. 572(1) of the Canada Shipping Act for the commencement of an action against a ship for damage to property or personal injury. The evidence showed that the Plaintiff had sent the Defendant a notice of its claim within the two year period. The Defendant acknowledged the …

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