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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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Killam v. Brander-Smith, 1997 CanLII 2387

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

This was an application to set aside an arbitration award. The arbitration concerned the sale of a 22 foot fibre glass boat. The purchaser alleged that the vendor had misrepresented the condition of the engine. The arbitrator held that the doctrine "buyer beware" applied and found in favour of the vendor. The Court upheld the arbitrator’s decision.

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Mario Neves et.al. v. The "Kristina Logos", 1997 CanLII 4814

In Admiralty Practice, Judicial Sales on (Updated )

This was an application by the Crown for leave to sell the Defendant vessel pendente lite. The application was granted on the grounds that the costs of maintaining the vessel amounted to over $500,000.00 and the ongoing cost was $60,000.00 per year. Further, there was evidence the vessel was deteriorating in value and its classification certificate would soon expire.

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Elders Grain Company Limited v. The Ralph Misener, 1997 CanLII 17695

In Admiralty Practice, Service on (Updated )

In this matter an In Rem Statement of Claim was served upon a ship by delivering a copy of the Statement of Claim to the Master on board the ship. The issue was whether such service was valid service under Rule 1002 which specifically provides that service on a ship is to be effected by attaching a copy of the …

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Shorworld International Inc. et.al. v. Fednav Ltd. et.al., 1997 CanLII 4746

In Admiralty Practice, Costs and Security for Costs on (Updated )

In this carriage of goods case the Defendant delivered a formal offer to settle pursuant to Rule 344.1. The offer did not provide for costs but the Plaintiff accepted it and demanded costs up to the date of the offer based on column III of Part I of Tariff B. The Court held that the Plaintiff was entitled to the …

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Valmet Paper Machinery Inc. v. Hapag-Lloyd AG et.al., 1996 CanLII 1497 (BC SC)

In Admiralty Practice, Service on (Updated )

This was an application by the Defendant freight forwarder to set aside service ex juris of the Statement of Claim and for an order staying the action on the basis of a jurisdiction clause. On the first point the Court found that the Plaintiff had established a good arguable case that the Defendant’s contractual obligation was as a common carrier …

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Olbert Metal Sales Limited v. The "Harmac Dawn" et.al., [1997] 1 FC 899

In Admiralty Practice, Other Practice Topics on (Updated )

This was a carriage of goods case in which both the shipper and consignee were initially added as Plaintiffs. The Plaintiff, shipper, later brought this motion for leave to discontinue its action against the Defendant carriers. The grounds were that both Plaintiffs were initially joined because of uncertainty as to who had title when the goods were damaged but it …

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Tan v. The "Pacific Brilliance" et.al., 1996 CanLII 3865

In Admiralty Practice, Other Practice Topics on (Updated )

This was an application to strike out a Third Party Claim. The main action arose out of the death of a shipyard employee who fell from a gangplank while disembarking from the vessel. The dependents of the deceased commenced action against the owners and operators of the ship who, in turn, sought to third party the terminal where the ship …

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Pusan Pipe America Inc. v. The "Nicole" et.al., No. T-205-95(F.C.T.D.)

In Admiralty Practice, Discovery on (Updated )

This application before the Prothonotary at Vancouver concerned production of documents. The Court upheld a claim for privilege over various survey reports which the Court found were prepared on the instructions of counsel in anticipation of litigation and not as a matter of routine.

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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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