Royal Bank of Scotland PLC v. The "Golden Trinity" et al., 2004 FC 795

In Maritime Liens, Mortgages & Priorities on (Updated )

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 Summary

North Star Ship Chandler Inc. v. The Giuseppe Di Vittorio, 1998 CanLII 8040

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

This was a motion to dismiss the action in rem and set aside the arrest of a sistership. The Defendant maintained that the alleged sistership, the "Lynx", had a different owner from the "Giuseppe Di Vittorio", the ship was the subject of the action. The Defendant relied on the Lloyd’s List of Shipowners and Monthly Supplement which showed Black Sea …

Full Summary

Elecnor S.A. v. The "Soren Tourbo" et.al., [1996] 3 FC 422

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

This case addresses the issue of whether the Plaintiff must name all sisterships in a Statement of Claim. The action was originally commenced on January 25, 1995, against the ship "Soren Turbo". The Statement of Claim was renewed on January 15, 1996 for a further twelve months. This renewal was, however, subject to the proviso that if the "Soren Tourbo" …

Full Summary

R. v. The "Argus", [1995] N.B.J. No. 507

In Pollution (Ship Source) on (Updated )

The ship "Argus" pleaded guilty to an accidental discharge of 3 to 5 barrels of oil into the waters of St. John harbour. The cause of the discharge was a crew member opening the wrong valve. The Court analyzed the various factors that should be taken into account in sentencing and ultimately ordered a fine of $23,000. An interesting issue …

Full Summary