This case involved the ranking of Canadian fishing vessels on a list that allowed these vessels to participate in the U.S. tuna fishery. Under this list, it was anticipated that only the first 94 fishing vessels would be able to participate in this fishery in 2007 and thereafter. After being placed at 97th position on the list, the applicant appealed …
Full SummarySeanautic Marine Inc. v. Jofor Export Incorporated, 2012 FC 328
Précis: The court affirmed that dismissal of a prior proceeding without an adjudication on the merits is not a bar to later proceedings.
Full SummarySecunda Marine Services Ltd. v. Caterpillar Inc, 2012 NSSC 53
Précis: The plaintiff was allowed to amend its claim by adding a new plaintiff 10 years after the incident giving rise to the claim.
Full SummaryFFS HK Ltd v. P.T. 25 (Ship), 2011 BCSC 1418
In this matter the plaintiff was successful at trial in that it obtained an order that the defendant was 50% at fault for a pollution incident. The plaintiff now sought to recover its costs. The plaintiff was awarded special costs and 100% of its costs and disbursements. Special costs were awarded primarily because the defendant advanced evidence of a witness …
Full SummaryCF Boatworks Inc. v. James, 2011 FC 1101
In this matter the defendant’s statement of defence had been struck for failure to provide a list of documents or written answers to interrogatories. The plaintiff now brought this motion for default judgment. The Prothonotary noted that on a motion for default judgement there are two questions: is the defendant in default and is there evidence to support the plaintiff’s …
Full SummaryFreightlift Private Limited v. Entrepot DMS Warehouse Inc.,, 2011 FC 280
The plaintiff in this action was an Indian freight forwarder who had been retained to arrange shipment of four containers of clothing to Montreal. The bills of lading for the containers named the plaintiff as consignee because the purchaser had not paid for the cargo. The purchaser was in fact unable to pay for the cargo when it arrived and, …
Full SummaryShell Canada Energy v. General MPP Carriers, 2011 FC 217
This was an application by the owner of one of the defendant ships to set aside service and a corollary application to amend the Statement of Claim. The plaintiff had filed a Statement of Claim for damage to cargo on the last day of the one year limitation period. The Statement of Claim included the ship as a defendant but …
Full SummaryF.C. Yachts Ltd. v. P.R. Yacht Builders Ltd., 2010 FC 1066
This was an application by the mortgagee of a vessel under construction for intervenor status. The vessel was being built under a contract between the purchaser, NWEY, and the builder, PRYB. This contract contained an arbitration clause. PRYB had, however, sub-contracted the labour part of the build to a related company, FCY. The subcontract contained no arbitration clause. The funds …
Full SummaryArtificial Reef Society of Nova Scotia v. Canada, 2010 FC 865 (CanLII)
The plaintiff in this matter arrested a decommissioned naval vessel. Although it is not obvious from the reported reasons, the plaintiff appears to have alleged an agreement with the Crown for the transfer of the vessel to it but the Crown intended to have the vessel scrapped. In any event, the vessel was arrested at the instance of the plaintiff …
Full SummaryHitachi Maxco Ltd v. Dolphin Logistics Co., 2010 FC 853
This was a motion by the defendants for a stay of proceedings. The main issue was whether an admiralty action instituted in Canada in personam by two foreign corporations against four foreign corporations for the loss of cargo shipped from one foreign port and intended for discharge and delivery in another foreign jurisdiction should be stayed in favour of the …
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