Addo v. OT Africa Line et al., 2006 FC 1099 (CanLII)

In Admiralty Practice, Pleadings on (Updated )

The Plaintiff was the owner of goods that were damaged when the container in which the goods were stowed was dropped at the Port of Antwerp. The Plaintiff commenced proceedings against various parties including the operator of the port where the container was dropped. That Defendant brought this motion to strike the Plaintiff’s claim on the basis that it disclosed …

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Intertech Marine Limited v. The "Nautica" et al., 2004 FC 1456

In Admiralty Practice, Delay and Time Extensions on (Updated )

This was an application by the Defendant to dismiss the Plaintiff’s action for delay or alternatively for security for costs. The motions Judge noted that there had been significant delay in moving the action forward and further noted that the Plaintiff had failed to comply with a number of court orders and directions. She referred to the decision of the …

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Fish Maker LLC v. The "Zodiak" et al., 2004 FC 1057

In Admiralty Practice, Delay and Time Extensions on (Updated )

The Plaintiff in this matter had been ordered to post security for costs within a specified time. It failed to do so and the Defendant brought an application to dismiss the action for delay. The Plaintiff also brought an application for a 60 day extension of time within which to post the security. The Court set out the test for …

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Fish Maker LLC v. The "Zodiak" et al., 2004 FC 6700

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

The Defendants brought this application to release the Defendant vessel from arrest without bail or, alternatively, to set bail. The Prothonotary refused to release the ship without bail noting that this will only be done in rare instances where the circumstances are quite extraordinary or where the case is beyond doubt hopeless. Accordingly, the Prothonotary set security at an amount …

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Goodman Yachts LLC v. The "Gertrude Oldendorff" et al., 2004 FC 40

In Admiralty Practice, Costs and Security for Costs on (Updated )

This was a motion by the Plaintiff for additional security for costs. The underlying action involved damage to a yacht carried as deck cargo from Singapore to Vancouver. The Plaintiff was not a resident of Canada and had no Canadian assets. The Defendants had been previously granted security for costs in the amount of $50,000 with leave to apply for …

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Offrey v. Ryan, 2003 FCT 35

In Admiralty Practice, Costs and Security for Costs on (Updated )

This was an application to require the Plaintiff to post security for costs. The underlying action was for damages allegedly suffered in a collision between two fishing vessels. The action was a subrogated action brought by the Plaintiff’s insurers, although the Plaintiff did have an interest in his deductible. The Court held that the Plaintiff was a nominal Plaintiff and, …

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Nedship Bank N.V. v. The "Zoodotis", 2001 FCT 706

In Admiralty Practice, Costs and Security for Costs on (Updated )

This was an application by the Plaintiff mortgagee for an order that one of the claimants to a priorities action be required to post security for costs. The Plaintiff argued that the claimant was a foreign corporation and that it was participating in the proceedings more as a party than a traditional lien claimant. Specifically, the claimant was challenging various …

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Richardson International Ltd. v. The Starodubskoe, 1999 CanLii 7836

In Admiralty Practice, Costs and Security for Costs on (Updated )

In this case the court held that the cost of posting bail is an appropriate matter to factor into an award of security for costs. The court noted that local bonding costs might be a guide to the amount of security. The court reviewed the evidence as to the actual cost of posting the bail and ordered security for bail …

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Porto Seguro Companhia De Seguros Gerais v. Belcan S.A. et.al., 1998 CanLII 8255

In Admiralty Practice, Costs and Security for Costs on (Updated )

This was an appeal from a decision of the Prothonotary in which the Prothonotary refused to pay out money paid into court as security for costs. The Plaintiff’s action against the Defendant had been dismissed at trial. The Plaintiff appealed to the Federal Court of Appeal and the appeal was dismissed. The Plaintiff further appealed to the Supreme Court of …

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