In Rem Actions - Admiralty Law

Fingad Shipping Ltd. v. Ningbo Arts & Crafts Imp & Exp. Co. Ltd., 2015 FC 851

In Admiralty Practice, In Rem Actions and Arrest on July 10, 2015 (Updated July 10, 2015)

Précis: The court applied issue estoppel and struck an in rem action on the grounds that a French court had previously determined the owner at the time of the commencement of the action was not the same as at the time the cause of action arose.

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Appropriate Security - Arrest - In Rem Actions - Lien for Demurrage - Time Limited Guarantee

BBC Chartering Carriers GmBH & Co. KG v. Jindal Steel & Power Limited, 2014 FC 1205

In Admiralty Practice, In Rem Actions and Arrest on December 12, 2014 (Updated June 03, 2015)

Précis: The Federal Court refused to set aside an arrest where the underlying claim was by a charterer for demurrage. The court also held that time limited security to obtain the release of an arrest was not acceptable.

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Arrest - Federal Court Jurisdiction - In Rem Actions - Pleadings - Shareholder Dispute - Striking

General MPP Carriers Ltd. v. SCL Bern AG, 2014 FC 571

In Admiralty Practice, In Rem Actions and Arrest on June 14, 2014 (Updated June 03, 2015)

Précis: The Federal Court has no jurisdiction over a shareholders dispute even though the company was a “one ship company”.

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Arrest - In Rem Actions - Setting Aside - Whether Grinding Dust Damage is Damage Done by a Ship

081768 BC Ltd v. The Ship Aestival, 2013 FC 899

In Admiralty Practice, In Rem Actions and Arrest on November 13, 2013 (Updated January 29, 2014)

Précis: The Federal Court held that an in rem action was available whenever damage was done by those in charge of a ship with the ship as the instrument.

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Application of Hague-Visby Rules - Carriage by Sea - Change of Ownership - Damage Done by a Ship - In Rem Actions

The Mercury XII (aka Wells Fargo) v. The MLT-3, 2012 FC 738, 2013 FCA 96

In Carriage of Goods by Sea, In Rem Actions and Arrest on April 10, 2013 (Updated July 17, 2012)

Précis: The Federal Court of Appeal held that the hire of a tug and barge was not a contract of carriage to which the Hague-Visby Rules applied.

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In Rem Actions - whether or not allegations of conspiracy and misappropriation of a ground fish quota amounts to a maritime tort -

Bornstein Seafoods Canada Ltd. v. Hutcheon, 1997 CanLII 5852

In Fish Cases, Fisheries Practice, Torts on July 13, 2012 (Updated July 13, 2012)

This case involves a claim by a fishing processor that the two defendants to the action conspired to transfer ground fish quota from one defendant to another, when the defendants knew the quota had been previously purchased by the plaintiff. When the action was commenced, the plaintiff arrested one of the defendant’s vessels (upon which the quota had allegedly been …

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In Rem Actions - Liens - Presumption - Ship Suppliers - Time Charters

World Fuel Services Corporation v. Nordems (Ship), 2011 FCA 73

In In Rem Actions and Arrest, Maritime Liens, Mortgages & Priorities on February 25, 2011 (Updated July 11, 2012)

This case probes the extent to which American maritime liens will be recognized by Canadian courts. Essentially, the issue was whether an American maritime lien would be recognized where bunkers were supplied to a ship under time charter outside of the United States or Canada and pursuant to a contract between the supplier and the time charterer. The bunker supply …

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Arrest - In Rem Actions - Practice - Setting Aside

Morecorp Holdings Ltd. v. Island Tug & Barge Ltd., 2009 BCSC 1614

In Admiralty Practice, In Rem Actions and Arrest on October 1, 2009 (Updated June 28, 2012)

This was an application to set aside the arrest of the “ITB Pioneer”. The case concerned various allegations of breaches of a share purchase agreement between the parties. The plaintiff alleged, inter alia, that it was a term of the share purchase agreement that the parties would enter into a further agreement whereby the plaintiff’s tugs would be used to …

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Admiralty Practice - Arrest - In Rem Actions

Dragage Verreault Inc. v. The Atchafalaya, 2009 FC 273

In Admiralty Practice, In Rem Actions and Arrest on March 17, 2009 (Updated June 28, 2012)

This matter arose out of a contract for the dredging of a channel. The plaintiff was the head contractor under the dredging contract. The plaintiff subcontracted the job to a company known as B+B Dredging. The contract specified the work was to be done by the "Atchafalaya" which was owned by a company called Proteus and under bareboat charter to …

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Admiralty Practice - In Rem Actions - Stay

Maritima de Ecologia, S.A. de C.V. v. Maersk Defender (Ship), 2007 FCA 194

In Admiralty Practice, In Rem Actions and Arrest on May 18, 2007 (Updated June 28, 2012)

In this matter Secunda discussed with the Appellant an arrangement whereby Secunda, or a company controlled by it, would purchase the Maersk Defender, modify the vessel to meet the requirements of the Appellant and then charter the vessel to the Appellant. Subsequently Atlantic, a company controlled by Secunda, entered into an agreement with Maersk to purchase the vessel and entered …

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