Canada v. Toney, 2011 FC 1440, 2012 FCA 167

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

This was an in rem and in personam action against both the federal and provincial crowns and a vessel owned by the Alberta government. The action concerned a fatal accident that occurred on an Alberta lake. The plaintiffs alleged that the defendants were negligent in their performance of search and rescue duties. The Alberta defendants moved to strike the in …

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JP Morgan Chase Bank v. Mystras Maritime Corporation, 2010 FC 1053

In Admiralty Jurisdiction on (Updated )

This matter concerned a dispute between two former shareholders and directors of the judgment creditor concerning who was entitled to the proceeds of an in rem action. The Court held that it was without jurisdiction to determine the dispute which was held not to be integrally connected to maritime matters.

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Hitachi Maxco Ltd v. Dolphin Logistics Co., 2010 FC 853

In Arbitration/Jurisdiction Clauses in Maritime Law, Stays of Proceedings on (Updated )

This was a motion by the defendants for a stay of proceedings. The main issue was whether an admiralty action instituted in Canada in personam by two foreign corporations against four foreign corporations for the loss of cargo shipped from one foreign port and intended for discharge and delivery in another foreign jurisdiction should be stayed in favour of the …

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Trans-Pacific Shipping Co. v. Atlantic & Orient Trust Co. Ltd. et al., 2005 FC 311

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

In this matter the Plaintiff shipowner had obtained an arbitration award against one of the Defendants in London for breach of a charterparty. The Plaintiff subsequently registered the award in the Federal Court and then brought this action against the charterer and against various related companies and the individual alleged to have effective control of all of the Defendants. The …

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Kusugak v. Northern Transportation Co. et al., 2004 FC 1696

In Admiralty Jurisdiction on (Updated )

In this case the Plaintiffs were the dependants of crew members of the “Avatuq” which sank on 25 August 2002 while en route from Churchill, Manitoba to Arviat, Nunavut. All of the crew members perished. The Defendants included the Commissioner of Nunavut, the Government of Nunavut and some of their employees (the “Nunavut Defendants”). The allegations against the Nunavut Defendants …

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Jean v. The "Capitaine Duval", 1998 CanLII 8067

In Admiralty Jurisdiction on (Updated )

This was an application to strike out the Statement of Claim as being outside the jurisdiction of the Court. The Plaintiffs were former shareholders and officers of the Defendant. The claim was to recover various expenses paid by the Plaintiffs on behalf of the Defendant. The expenses were in relation to the construction of a vessel being built by the …

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