Holt Cargo Systems Inc. v. The Brussel

This was an application by a terminal operator to recover movement and storage charges for abandoned containers from the proceeds of sale of the Defendant ship as if those charges had been a Marshall’s expense of arrest. The containers had been off-loaded from the Defendant ship pursuant to a Court order. The motions judge granted the application, reasoning that the charges were incurred for the benefit of all cargo owners to facilitate the sale of the vessel and that, if the ship had not been unloaded when it was, the Marshall would have had to make those arrangements. On appeal (1998 CanLII 8959), the Federal Court of Appeal said they could not find fault with the order of the motions judge and dismissed the appeal.