T. Co. Metals LLC v. The Federal Ems, 2011 FC 291, 2012 FCA 284

In Admiralty Practice, Stays of Proceedings on (Updated )

A cargo of cold-rolled steel coils was carried from Brazil to Toronto pursuant to bills of lading that incorporated the terms and conditions of a voyage charterparty between the exporter and the time charterer of the vessel. Pursuant to the terms of the voyage charterparty, the exporter was to be responsible for the loading, stowing and discharging of the cargo. …

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R v. Brendon Fitzpatrik, Port Hardy Prov. Ct. No. 7789 (Oral Reasons.)

In Fish Cases, Offences on (Updated )

This case involved a fisher who was accused of catching and retaining fish in excess of his quota. At trial, the Crown sought to admit evidence from hail reports and daily fishing logs. The fisher successfully argued that the use of these logs violated his right to be secure from self incrimination pursuant to section 7 of the Charter. His …

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Worldspan Marine Inc. (Re) v., 2011 BCSC 1758

In Ship Building and Repair, Stays of Proceedings on (Updated )

The issue in this case was whether a stay of proceedings previously granted under the Companies Creditors Arrangement Act to allow an insolvent ship builder to refinance should be continued. The intended buyer of the partially constructed yacht opposed the builder’s application to continue the stay. The buyer wanted to lift the stay so that he could appoint a receiver …

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New World Expedition Yachts LLC v. P.R. Yacht Builders, 2011 BCSC 78

In Admiralty Practice, Stays of Proceedings on (Updated )

In this action the plaintiff alleged that the defendant shipbuilders had engaged in a fraudulent scheme in relation to a ship building contract. The vessel was being built under a contract between the plaintiff/purchaser, NWEY, and the defendant/builder, PRYB. PRYB sub-contracted the labour part of the build to a related company, FCY, also a defendant. Disputes arose during the course …

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Hitachi Maxco Ltd v. Dolphin Logistics Co., 2010 FC 853

In Arbitration/Jurisdiction Clauses in Maritime Law, Stays of Proceedings on (Updated )

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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Labki Finance Inc. v. Glovertown Shipyards Limited, 2010 NLTD 71

In Admiralty Practice, Stays of Proceedings on (Updated )

The underlying proceedings in this matter were commenced in the Supreme Court of Newfoundland by the defendant shipbuilder for an order requiring the owner of the vessel to remove the vessel from its shipyard and for storage fees of $1,000 per day. A second proceeding had also been commenced by the mortgagee of the vessel in Federal Court in which …

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McDermott Gulf Operating Company v. Oceanographia Sociedad Anonima de Capital Variable, 2010 NSSC 118

In Admiralty Practice, Stays of Proceedings on (Updated )

This was an application to stay proceedings commenced in the Nova Scotia Supreme Court on the basis that the court lacked jurisdiction simpliciter or was otherwise not the appropriate forum. The underlying claim by the plaintiff was for charter hire and other charges allegedly owed by the defendants. The first plaintiff was a Panamanian company and was the owner of …

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Oppenheim v. Midnight Marine Ltd., 2010 NLTD 3

In Marine Insurance on (Updated )

The plaintiff’s barge sank at sea while carrying cargo and while being towed by one of the plaintiff’s tugs. The cargo owners subsequently commenced proceedings against the plaintiff and arrested the tug. The plaintiff advised the defendant, the insurer of the barge, of the action but the insurer refused to provide security or a defence as it was investigating whether …

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