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Quin-Sea Fisheries Limited v. The Broadbill I, 2013 FC 575

In Admiralty Practice, Stays of Proceedings on (Updated )

The plaintiff and defendants entered into an agreement whereby, in consideration of a loan by the plaintiff, the defendants granted a mortgage over the defendant vessel and agreed to make its catch available to the plaintiff for one year following the year the loan was repaid. The loan was repaid but the defendants failed to sell their catch to the …

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Ocean Fisheries Ltd. v. Pacific Coast Mutual Marine Insurance Company, 1997 CanLII 6367 (FCA)

In Arbitration/Jurisdiction Clauses in Maritime Law on (Updated )

This was an appeal from an order of Mr. Justice Teitelbaum of the Trial Division. A motion for a stay was initially brought before the Prothonotary who ordered a stay on the basis of an arbitration provision contained in the by-laws of the Defendant, a mutual insurance company, and incorporated by reference into the terms of an insurance policy. The …

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Arbella S.A. v. The "Aghia Markella", 94 F.T.R. 229

In Arbitration/Jurisdiction Clauses in Maritime Law on (Updated )

The subject matter of this dispute was whether the Defendant had breached a charter party when it failed to supply the ship on the date specified. The reason the Defendant could not supply the ship is that it had been detained by Canadian Coast Guard. The Plaintiff argued that the arbitration clause was inoperative because, at the time it was …

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