Humble v. The "Queen of Alberni", Reg. No.C940031, (B.C.S.C.)

In Admiralty Practice, Stays of Proceedings on (Updated )

This was an application by the Defendant for a stay of the Plaintiff’s action on the grounds that there were similar actions pending in the Federal Court of Canada. The Defendant wanted all actions consolidated. The British Columbia Supreme Court refused the application on the basis that the Plaintiff’s claim might be time barred in the Federal Court and the …

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Valley Towing Ltd. v. Celtic Shipyards (1988) Ltd., (August 22, 1995) No. T-1492-95

In Admiralty Practice, Discovery on (Updated )

This was an application in limitation proceedings for inspection of a ship’s steering system. The shipowner contested the application arguing that it would be inconvenient and that it should not be done until all claimants in the limitation proceedings were known. The Court acknowledged that the inconvenience of the shipowner was a matter to take into account but held that …

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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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