Presumption - Admiralty Law

Applicable Law - Application of s. 139 MLA to Foreign Suppliers - Liability of Owner In Personam - Presumption - Supply of Bunkers in Brazil to Time Chartered Vessel - Whether Supplier has Lien

Norwegian Bunkers AS v. Boone Star Owners Inc., 2014 FC 1200

In Ship Suppliers on February 13, 2015 (Updated June 03, 2015)

Précis: The Federal Court held that Brazilian law applied to a claim for bunkers supplied to a chartered vessel in Brazil and that such law gave the supplier a maritime lien but, there was no in personam claim as against the ship owner when the charterer ordered the bunkers.

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In Rem Actions - Liens - Presumption - Ship Suppliers - Time Charters

World Fuel Services Corporation v. Nordems (Ship), 2011 FCA 73

In In Rem Actions and Arrest, Maritime Liens, Mortgages & Priorities on February 25, 2011 (Updated July 11, 2012)

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 …

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Air Carriage - Limitation - Notice - Presumption - Warsaw Convention - Wilful Misconduct

Green Computer AB v. Federal Express Corp. et al., 2004 FCA 111

In Carriage of Goods by Air on March 16, 2004 (Updated July 04, 2012)

This was a claim for the loss of one carton of integrated circuits valued at $50,000 carried by air from Sweden to Markham, Ontario. The Defendant air carrier argued that it was not liable as the Plaintiff had not given the notice required by Article 26 of the Warsaw Convention. Alternatively, the Defendant argued it was entitled to limit liability …

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