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.
Full SummaryBBC Chartering Carriers GmBH & Co. KG v. Jindal Steel & Power Limited, 2014 FC 1205
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.
Full SummaryGeneral MPP Carriers Ltd. v. SCL Bern AG, 2014 FC 571
PrĂ©cis: The Federal Court has no jurisdiction over a shareholders dispute even though the company was a “one ship company”.
Full Summary081768 BC Ltd v. The Ship Aestival, 2013 FC 899
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.
Full SummaryThe Mercury XII (aka Wells Fargo) v. The MLT-3, 2012 FC 738, 2013 FCA 96
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.
Full SummaryBornstein Seafoods Canada Ltd. v. Hutcheon, 1997 CanLII 5852
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 …
Full SummaryWorld Fuel Services Corporation v. Nordems (Ship), 2011 FCA 73
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 …
Full SummaryMorecorp Holdings Ltd. v. Island Tug & Barge Ltd., 2009 BCSC 1614
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 …
Full SummaryDragage Verreault Inc. v. The Atchafalaya, 2009 FC 273
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 …
Full SummaryMaritima de Ecologia, S.A. de C.V. v. Maersk Defender (Ship), 2007 FCA 194
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 …
Full Summary- Page 1 of 2
- 1
- 2