TAM International Inc. v. The MCP Altona, 2012 FC 1168, 2013 FC 9

In Admiralty Practice, Judicial Sales on (Updated )

The defendant ship was ordered to be sold and the order of sale provided that all reasonable expenses and agency fees necessary for the preservation, safekeeping or maintenance of the vessel were to be treated as sheriff’s costs. Upon assessment of the sheriff’s costs certain invoices and expenses were contested by one of the parties. The contested invoices included: amounts …

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Keybank National Association v. The "Atchafalaya", 2010 FC 406 (CanLII)

In Admiralty Practice, Judicial Sales on (Updated )

This was a motion to intervene and to set aside an in rem judgment and order for sale. The intervenor was Dragage Verreault (“DV”), the plaintiff in another action who had a claim against the same vessel. The plaintiff in this action, Keybank, had been advised of the other action. Keybank obtained a judgment in this action on consent and …

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Ricci v. Tully, 2009 FC 493

In Admiralty Practice, Judicial Sales on (Updated )

This was a dispute between a husband and wife involved in divorce proceedings as to the ownership of a sailboat named “Forever Lost”. The boat was purchased with funds raised by the plaintiff/wife from a mortgage on her home but was registered in the name of the defendant/husband. The plaintiff claimed that she was the equitable owner of the boat …

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Franklin Lumber Ltd. v. The "Essington II" et al., 2005 FC 95

In Admiralty Practice, Judicial Sales on (Updated )

This was an application by a mortgagee for a substantial extension of time (more than six years) within which to serve and arrest the vessel and a further application for Court approval of a private sale pendente lite. In deciding to grant the time extension, the Prothonotary applied the three-part test from Registered Public Accountants Association of Alberta v. Society …

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Global Enterprises International v. The Ships "Aquarius","Sagran" and "Admiral Arciszewski", 2001 FCT 605

In Admiralty Practice, Judicial Sales on (Updated )

This was an application by the Polish trustee in bankruptcy of the Defendant shipowner for an extension of time in which to file an appeal of an order authorizing the sale of the Defendant ships and for a stay of the sale proceedings. The Prothonotary reviewed the case authorities on time extensions and noted that an applicant must generally show …

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