Précis: The Federal Court has no jurisdiction over a shareholders dispute even though the company was a “one ship company”.
Full SummaryICS Petroleum (Montreal) Ltd. v. es Dauphins du St. Laurent et al., 2005 FC 251
The Plaintiff in this action was a fuel supplier that had supplied fuel to a shore tank for use in three ships allegedly owned by the now bankrupt in personam Defendant. Two of the ships were in fact owned by the Defendant but the third ship, the “Corona Borealis”, was merely demise chartered to the Defendant. When the Defendant defaulted …
Full SummaryKona Concept Inc. v. Guimond Boats Limited, 2005 FC 214
In this matter the Plaintiff commenced proceedings against the Defendant in Hawaii in relation to a contract for the design, manufacture and sale of a tuna fishing boat. The Defendant initially contested the jurisdiction of the Hawaiian courts but after having lost its jurisdiction motion withdrew from that action. The Plaintiff subsequently obtained a default judgment against the Defendant and …
Full SummaryForestex Management Corp. et al. v. Underwriters at Lloyds et al., 2004 FC 1303
“Many years ago when small boys wore suspenders and ships had gender…” So begins the Reasons for judgment of Prothonotary Hargrave in this application by the Defendants to strike out the Statement of Claim of the Plaintiff. The facts were that on 4 August 2000 the “Texada” went aground in a passage in the Queen Charlotte Islands and was subsequently …
Full Summary1340232 Ontario Inc. v. St. Lawrence Seaway Management Corp., 2004 FC 209
This was an application to strike the claim of the Plaintiff. The Plaintiff’s claim was for damages for business losses incurred as a result of the closure of a bridge over the Welland Canal, which closure it was alleged was due to the negligence of the Defendant. The Plaintiff had no proprietary interest in the bridge and none of the …
Full SummaryAtlantic Yacht 7 Ship Inc. v. Sovereign Yachts Inc. et al., 2003 FC 965
The Plaintiff in this matter alleged that it was owed commission by the Defendant yacht builder in respect of the Defendant yacht, the purchaser of which had been introduced by the Plaintiff to the Defendant. To secure its claim the Plaintiff effected an arrest of the Defendant yacht. The purchaser of that yacht brought this application to set aside the …
Full SummaryRoberts v. Andrews, 2003 BCSC 1002
This was an application to set aside a warrant of arrest and strike an in rem action. The case concerned a joint venture fishing operation in which the Plaintiff provided fishing licenses and the Defendant provided, inter alia, a fish packing vessel. A dispute arose as to the distribution of profits and the Plaintiff commenced this proceeding and arrested the …
Full SummaryTrawlercat Marine Inc. v. The "Amity", 2002 FCT 1181
The Defendant obtained plans from the Plaintiff for a 55′ catamaran which the Defendant intended to build. The Defendant decided not to proceed with the project and later retained a naval architect to design a 70′ catamaran. The Plaintiff subsequently commenced this in personam and in rem action alleging breach of a contract to execute a purchase and construction agreement …
Full Summary