Mortgage - Admiralty Law

Davy Global Fund Management Limited v. Michele Bottiglieri Armatore S.p.A., 2021 FC 789

In Bail, In Rem Actions and Arrest, Stays of Proceedings on July 26, 2021

Précis: The Federal Court dismissed a motion for release of an arrested vessel without bail.

Application of Provincial Laws - Innocent Purchaser - Limitation Period Applicable - Mortgage - Validity of Foreign Mortgage

Lakeland Bank v. The Ship NEVER E NUFF, 2016 FC 1096

In Maritime Liens, Mortgages & Priorities on September 30, 2016 (Updated April 03, 2017)

Précis: The Federal Court gave judgment in rem in favour of a U.S. mortgagee notwithstanding the sale of the vessel to an innocent purchaser. Provincial laws requiring registration of a mortgage had no application in the circumstances.

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