Kremikovtzi Trade v. Phoenix Bulk Carriers Ltd., 2007 FCA 381

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

This was a claim in rem against the owners and all others interested in a particular cargo. This particular application was a re-hearing of various issues that had been referred back to the Court of Appeal after the Supreme Court of Canada overturned the Court of Appeal on the issue of in rem jurisdiction in Phoenix Bulk Carriers Ltd. v. …

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Kona Concept Inc. v. Guimond Boats Limited, 2005 FC 214

In Admiralty Practice, Pleadings on (Updated )

In this matter the Plaintiff commenced proceedings against the Defendant in Hawaii in relation to a contract for the design, manufacture and sale of a tuna fishing boat. The Defendant initially contested the jurisdiction of the Hawaiian courts but after having lost its jurisdiction motion withdrew from that action. The Plaintiff subsequently obtained a default judgment against the Defendant and …

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Forestex Management Corp. et al. v. Underwriters at Lloyds et al., 2004 FC 1303

In Marine Insurance, Pleadings on (Updated )

“Many years ago when small boys wore suspenders and ships had gender…” So begins the Reasons for judgment of Prothonotary Hargrave in this application by the Defendants to strike out the Statement of Claim of the Plaintiff. The facts were that on 4 August 2000 the “Texada” went aground in a passage in the Queen Charlotte Islands and was subsequently …

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