In this matter the Plaintiff shipowner had obtained an arbitration award against one of the Defendants in London for breach of a charterparty. The Plaintiff subsequently registered the award in the Federal Court and then brought this action against the charterer and against various related companies and the individual alleged to have effective control of all of the Defendants. The …
Full SummaryTMR Energy Limited v. State Property Fund of Ukraine et al., 2005 FCA 28
This case concerned the validity of the seizure of an Anatov aircraft owned by the State of Ukraine which had landed in Newfoundland. The Plaintiff had obtained an ex parte order recognizing and enforcing a Swedish arbitration award in its favour against “State Property Fund of Ukraine”. In its Federal Court pleadings the Plaintiff described the Defendant as “State Property …
Full SummaryForesight Shipping Co. Ltd. v. Union of India et al., 2004 FC 1501
This was an appeal from an Order of a Prothonotary in which the Prothonotary had set aside the seizure of the ship. The facts were that the Plaintiff had obtained an arbitral award against the Union of India and the Food Corporation of India and registered the judgment in the Federal Court. The award/judgment was not paid and in an …
Full SummaryCores Worldwide Inc. v. The "Camilla" et al., 2004 FC 1160
This was an application for summary judgment to recover outstanding payments allegedly owed on the sale and purchase of a generator and pump. The application was denied on the grounds that there were a number of key facts upon which the parties did not agree. The motions Judge noted that for a summary trial the Applicant must present evidence showing …
Full SummaryRoxford Enterprises SA v. Cuba et al., 2003 FCT 763
The issue in this case was whether the assets of Cubana de Aviacion S.A. (“Cubana”) were available for seizure to satisfy a judgment obtained by default against the government of Cuba. Cubana was not a party to the original action but, according to the Plaintiff, the government of Cuba was the true owner of Cubana’s shares and assets such that …
Full Summary249387 BC Ltd. v. The "Edith Cavell", 2002 FCT 798
This was an application for in rem judgment in default of a defence. The Prothonotary granted the judgment but adjourned the balance of the motion to set the amount of the judgment pending the filing of proper affidavit evidence. The Prothonotary reviewed the authorities and held that the amount of the default judgment could not be based simply on allegations …
Full SummaryPacifica Papers Inc. v. The "Haida Monarch", 2002 FCT 676
This was a motion for summary judgment by the Plaintiff. The case concerned the partial loss of a cargo of logs being carried from Alaska to Powell River. It was common ground that the action by the Plaintiff was a subrogated action brought by the Plaintiff’s insurer. The Defendants alleged, inter alia, that the Plaintiff’s insurer was precluded from bringing …
Full SummaryIsland Tug & Barge Ltd. v. Haedon Co. Ltd. et al, 2002 FCT 250
This was an application by the Plaintiff for judgment in default of defence. Although the motion was not opposed, the court considered whether a reference to determine damages was necessary given that the action was in rem. The Prothonotary held that he had the discretion to give default judgment without a reference provided the claim was well founded, which he …
Full SummaryJoy Shipping Inc. v. Empressa Cubana Des Fletes of Cuba et al., [2000] F.C.J. No. 945
This was an application to set aside a Writ of Seizure and Sale directing the Sheriff to seize the ship "Rio Cuyaguateje". The Writ was issued to enforce a judgment of the Superior Court of England and Wales which had been registered previously with the Federal Court. The Applicant brought this application to set aside the Writ and seizure on …
Full SummaryJames Fisher & Sons PLC v. Pegasus Lines Limited S.A., 1999 CanLII 8652
In this matter the court ordered that a representative of the general agent of the Defendant shipping line could be examined in aid of execution as an "officer" of the Defendant within the meaning of Rule 426. The court held that the term "officer" should not be restricted to the president, vice president and secretary. The term should be broadly …
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