Précis: The Federal Court refused to reallocate the priority of claims against proceeds of sale of a vessel.
Full SummaryOffshore Interiors Inc. v. Worldspan Marine Inc., 2016 FC 27, 2016 FCA 307
Précis: The Federal Court will not require parties to litigate issues in another court. The priorities as between the builder and purchaser/mortgagee depend on the wording of the contractual documents.
Full SummaryBallantrae Holdings Inc. v. The Ship Phoenix Sun, 2016 FC 570
Précis: This case deals with priorities as between various claimants and addresses the relevance of provincial personal property security legislation (PPSA) to maritime claims and priorities.
Full SummaryComfact Corporation v. Hull 717, 2012 FC 1161, 2013 FCA 93
Précis: The Federal Court of Appeal agreed with the trial Judge that s. 139 of the MLA did not give a lien to a subcontractor who supplied manpower to construct a vessel.
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 SummaryKent Trade and Finance Inc. v. JPMorgan Chase Bank, 2008 FCA 399
This was a hearing to determine the priorities of various claimants to proceeds from the sale of the Lanner. The competing claimants were the mortgagee and 15 suppliers of necessaries. The suppliers, who would normally rank below the mortgagee, challenged the validity of the mortgage. Some of them argued they had maritime liens under American law and, in the alternative, …
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. …
Full SummaryRoyal Bank of Scotland PLC v. The "Golden Trinity" et al., 2004 FC 795
This was a hearing to determine the priorities to the proceeds of sale from three vessels owned by various one ship companies but mortgaged under fleet type mortgages. The vessels were all under the management of a single company, the principal of whom was a Mr. Peter Lygnos. The main claimants were the mortgagees of the vessels and Tramp Oil …
Full SummaryC.I.B.C. v. "Le Chene No. 1" et al., 2003 FC 873
The main issue in this case was whether a claim for severance pay or damages for wrongful dismissal is a maritime lien entitling the claimant to priority over a ship’s mortgage. The claimant had been employed by the shipowner on a full time basis for 12 years and had worked as chief engineer on various ships for 8 of those …
Full SummaryCanada v. Neves, 2002 FCA 502
This was an appeal from an order of a motions Judge setting priorities to the sale proceeds of the Defendant vessel. The vessel had been seized by the Crown for violations of the Fisheries Act and was later arrested and sold at the application of the Crown. The claimants were the Crown, the mortgagee, and the co-owners of the vessel. …
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