Nordea Bank Norge ASA v. The "Kinguk", 2006 FC 1290

In Maritime Liens, Mortgages & Priorities on (Updated )

This was an application by the Plaintiff mortgagee to realize its mortgage security over two vessels, and its default judgment, through the private sale of the vessels. The application was opposed on the apparent grounds that there had not been a formal appraisal of the vessels. The Court noted that generally it will require a formal appraisal and advertisement before …

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JPMorgan Chase Bank v. Mystras Maritime Corp., 2005 FC 486

In Experts and Expert Evidence, Maritime Liens, Mortgages & Priorities on (Updated )

This was an appeal from an order of a Prothonotary refusing leave to file an expert’s affidavit on foreign law after the expiry of the deadline set out in a previous direction from the court and virtually on the eve of the priorities hearing. The motions Judge dismissed the appeal on the basis that the Prothonotary’s order did not raise …

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TJ Inspection Services v. Halifax Shipyards, 2004 NSSC 181

In Maritime Liens, Mortgages & Priorities on (Updated )

In this matter the Plaintiff was retained by the Defendant to provide detailed inspection services in connection with the construction of a production platform which, when completed, would be towed on board a barge to the off-shore production site. When placed the platform would rest on four legs on the sea floor. The Plaintiff was not paid by the Defendant …

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Royal Bank of Scotland PLC v. The "Golden Trinity" et al., 2004 FC 795

In Maritime Liens, Mortgages & Priorities on (Updated )

This was a hearing to determine the priorities to the proceeds of sale from three vessels owned by various one ship companies but mortgaged under fleet type mortgages. The vessels were all under the management of a single company, the principal of whom was a Mr. Peter Lygnos. The main claimants were the mortgagees of the vessels and Tramp Oil …

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Middleton et al. v. Farquharson et al., 2004 BCSC 32

In Maritime Liens, Mortgages & Priorities on (Updated )

In this matter the Defendant sold the vessel “Ocean Tribune” and her C licence to the Plaintiff for $135,000.00 payable $100,000 in cash and the balance by way of vendor financing for one year at 10%. The vendor financing arrangement was documented with a promissory note, a collateral marine mortgage and a registered marine mortgage. The Plaintiff failed to pay …

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C.I.B.C. v. "Le Chene No. 1" et al., 2003 FC 873

In Maritime Liens, Mortgages & Priorities on (Updated )

The main issue in this case was whether a claim for severance pay or damages for wrongful dismissal is a maritime lien entitling the claimant to priority over a ship’s mortgage. The claimant had been employed by the shipowner on a full time basis for 12 years and had worked as chief engineer on various ships for 8 of those …

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British Columbia v. PT Car and Yacht Rental Inc., 2003 BCSC 1073

In Maritime Liens, Mortgages & Priorities on (Updated )

The primary issue in this application was whether the Crown in right of the Province of British Columbia had priority over the Respondent for taxes owing to it by the judgment debtor. The Respondent had loaned money to the debtor for the purchase of a motor vessel which was registered under the Canada Shipping Act. However, a mortgage was not …

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Canada v. Neves, 2002 FCA 502

In Maritime Liens, Mortgages & Priorities on (Updated )

This was an appeal from an order of a motions Judge setting priorities to the sale proceeds of the Defendant vessel. The vessel had been seized by the Crown for violations of the Fisheries Act and was later arrested and sold at the application of the Crown. The claimants were the Crown, the mortgagee, and the co-owners of the vessel. …

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Kirgan Holding SA v. The "Panamax Leader", 2002 FCT 1235

In Maritime Liens, Mortgages & Priorities on (Updated )

In this case the Plaintiff had entered into a contract with the agent for the demise charterer of the Defendant ship for the supply of bunkers. The contract contained a provision requiring the application of U.S. law. Bunkers were supplied to the ship by sub-contractors of the Plaintiff and were not paid for by the demise charterer who became bankrupt. …

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Finansbanken ASA v. The "GTS Katie", 2002 FCT 73, 2002 FCT 339

In Maritime Liens, Mortgages & Priorities on (Updated )

In this matter a supplier of necessaries attempted to obtain priority by entering into an agreement with the ship owner for the transfer of property on board the ship. The property transferred consisted of plans, manuals, drawings, 5 life rafts and 2 breathing apparatus. The agreement provided that the ship owner could retake possession and ownership of the property by …

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