This was a motion for an order that an in rem statement of claim and warrant of arrest be struck. Amongst other things, the applicant argued that the following provision from the statement of claim be struck: [T]he provision of the fishing licence to the Defendant ship, a fishing ship, is the supply of a necessary, or in the alternative, …
Full SummaryThese summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: brad@marine-law.ca CV: Link.
Readers are urged to consult CanLii for updates to the cases digested on this site.
Hodder Tugboat Co. Ltd. v. JJM Construction Ltd. et al., 2010 FCA 279
This case involved damage to two barges that were under charter. Following the incidents giving rise to the damage an action was commenced in the name of the owner and the charterer against Texada and Pacific. This action was essentially a subrogated action brought by the underwriters of the barges. Subsequently a second action was commenced by the owner against …
Full Summary