Domtar Inc. v. Lineas De Navigation Gema S.A. et.al., 1997 CanLII 5004

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was a motion by the Defendant shipowner to set aside an arrest and strike the in rem portions of the claim. The Plaintiff’s action was for breach of a booking note contract. The Defendant shipowner argued that the vessel could not be arrested as it was not a party to the booking note contract. The shipowner argued the booking …

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Margem Chartering Co. Inc. v. Cosena SRL and The "Bocsa", [1997] 2 FC 1001

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was a motion by the shipowner to strike out the In Rem Statement of Claim and set aside the arrest . The Plaintiff had entered into a charter party agreement with the "disponent owner" of the ship for the carriage of coal. Upon arrival at the port of loading the vessel was detained by Coast Guard and was unable …

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Pacific Tractor Rentals (V.I.)Ltd. v. The "Palaquin", (June 14, 1996) No. T-2616-95

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

The issues in this case were whether an arrest warrant extends to property taken off a vessel prior to arrest and whether repairs to a vessel under arrest paid for by the vessel’s owner form part of the arresting party’s security. The case concerned machinery owned by the Plaintiff that had been lost overboard from the "Palaquin" during alleged heavy …

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Elecnor S.A. v. The "Soren Tourbo" et.al., [1996] 3 FC 422

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This case addresses the issue of whether the Plaintiff must name all sisterships in a Statement of Claim. The action was originally commenced on January 25, 1995, against the ship "Soren Turbo". The Statement of Claim was renewed on January 15, 1996 for a further twelve months. This renewal was, however, subject to the proviso that if the "Soren Tourbo" …

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Atlantic Shipping (London) Ltd v. The Captain Forever, (June 12, 1995), No. T-1165-95 (F.C.)

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

In this matter the Plaintiff had commenced arbitration proceedings in England for reimbursement of moneys paid for bunkers under a charter party, and had negotiated security for the bunkers claim. The Plaintiff later commenced action for breach of charter party and for the bunkers claim. The Plaintiff sought a much higher sum as security. The issue in the case was …

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

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

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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Key Marine Industries Ltd. v. The "Glen Coe", (1995), 92 F.T.R. 313, (F.C.T.

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

The Plaintiff in this matter applied for default judgment against the Defendants. The Plaintiff had effected service of the Statement of Claim on the ship but had not served the owners and no Statement of Defence had been filed. The filing of a defence would have amounted to an appearance in the action by the owners and would have converted …

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