Summary Judgement - Admiralty Law

National Bank of Canada v. Rogers, 2015 FC 1207

In Judgments and Enforcement of Judgments, Maritime Liens, Mortgages & Priorities on October 26, 2015 (Updated November 25, 2015)

Précis: The bank/mortgagee was granted summary judgement upon the default of the debtor in advance of the sale of the ship.

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Limitation Periods for Judicial Review - Practice - Summary Judgement

Radil Bros. Fishing Co. v. Canada, 1998 CanLII 8703

In Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on August 19, 2012 (Updated August 19, 2012)

This case involved a dispute over the entitlement to ground fish quota which was lost when a ground fish licence with a history of large landings was "swapped" with a licence from another vessel (with smaller landings) in order to facilitate the purchase of a salmon licence. In dismissing an application by the Defendant for summary judgement on the basis …

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Sale of Bunkers - Summary Judgement

Feoso Oil Limited v. The "Sarla", [1995] 3 FC 68

In Admiralty Practice, In Rem Actions and Arrest on June 5, 1995 (Updated June 28, 2012)

This was a motion for summary judgment involving a claim by the Plaintiff for non-payment of an invoice relating to bunkers supplied to the Defendant ship. The ship had been under a time charter although it was not clear whether the charter had come to an end before the bunkers were ordered. The Defendant owners resisted the claim and the …

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