Précis: The bank/mortgagee was granted summary judgement upon the default of the debtor in advance of the sale of the ship.
Full SummaryCameco Corp. v. The MCP Altona, 2013 FC 23
Précis: The Federal Court considered s. 139 of the MLA but confirmed the priority of a mortgagee.
Full SummaryRoyal Bank v. 1132959 Ontario Ltd., 2008 CanLii 40231
This was an application by the Appellant bank (the “Bank”) for possession of a yacht pursuant to rights allegedly acquired through a general security interest. The application was opposed by the Respondent, who was registered as the owner of the yacht under the Canada Shipping Act (“CSA”), on the grounds that the bank’s interest was not registered under the CSA. …
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