This was an appeal from a decision of the Trial Division allowing the Plaintiff’s claim for necessaries supplied to the “Mys Chikhacheva”. The facts of the case were very complicated. The Plaintiff and one Defendant, Starodubskoe, had entered into a series of agreements relating to the re-fitting of a vessel, the supply and purchase of fish products and the supply …
Full SummaryFalse Creek Harbour Authority v. The "Shoda", 2002 FCT 275
This was an action for outstanding moorage and miscellaneous charges. The moorage agreement required, inter alia, that the vessel owner not cause a nuisance or disturbance and provided that in the event the owner breached the terms of the agreement the Harbour Authority could seize the vessel and exercise a warehouseman’s lien pursuant to the provincial Warehouseman’s Lien Act. In …
Full SummaryFinansbanken ASA v. The "GTS Katie", 2002 FCT 74
The issue in this case was whether the claimant had a subrogated interest in the wage lien of the crew of the defendant vessel. The claimant alleged that he had entered into an agreement with the vessel owner to provide the owner with US$40,000.00 to pay the crew. In return, and with the full knowledge and participation of the crew, …
Full SummaryHolt Cargo Systems Inc. v. ABC Container Line N.V., 2001 SCC 90
These cases address the issue of the apparent conflict between the law and procedures of bankruptcy and Canadian Maritime Law. They arose out of the arrest of the ship “Brussel” at Halifax by the Respondent, a maritime lien holder. Shortly after the arrest the Belgium owner was declared a bankrupt and a Trustee in bankruptcy was appointed by the courts …
Full SummaryImperial Oil Limited v. Petromar Inc., 2001 FCA 391
This was an appeal from a decision of the Trial Division declaring that the Defendant had a maritime lien. The issue in the case was whether the contract for the supply of marine lubricants was subject to American law and, consequently, whether the Defendant had a maritime lien. The Defendant, an American corporation, supplied lubricants through a sub-contractor to two …
Full SummaryFinansbanken ASA v. The "GTS Katie", 2001 FCT 1316
In this case a bunker supplier claimed a priority over mortgage creditors under Egyptian law for bunkers ordered by the charterer of the Defendant ship and supplied to the ship at Gibraltar while it was under charter. The bunker delivery receipt stated that the vessel was under charter and that the charterer had no right to subject the ship to …
Full SummaryGlobal Enterprises International v. The "Aquarius", "Sagran" and "Admiral Arciszewski", 2001 FCT 1311
In this case the Polish trustee in bankruptcy of the owner of the Defendant ships had filed an affidavit of claim claiming the entire proceeds of sale of the vessels for the purpose of distributing the proceeds in the Polish bankruptcy proceedings. An Intervening creditor brought this application to strike the trustee’s affidavit of claim. The Prothonotary commenced his analysis …
Full SummaryGreeley v. The "Tami Joan", 2001 FCA 238
This was a contest between the mortgagee and lessee of the fishing vessel "Tami Joan". The Plaintiff had leased the vessel from its owner and had effected improvements to it. Unknown to the Plaintiff the vessel was mortgaged and the mortgage was in arrears. The mortgagee seized the vessel pursuant to the mortgage and it was eventually sold. The Plaintiff …
Full SummaryUnitor ASA v. The "Seabreeze I", 2001 FCT 416
In this matter a claimant alleged that the Defendant vessel was sold by judicial sale to a nominee of the ship’s mortgagee. This information came from various published newspaper reports. The claimant sought to compel the mortgagee to answer questions on cross-examination and to produce documents relating to the identity of the purchaser at the judicial sale, its corporate relationship …
Full SummaryRoyal Bank of Scotland plc v. The Kimisis, 2000 CanLII 15751, 2001 FCT 307
This was an application by a lien claimant for leave to file a supplementary affidavit of claim attaching a document showing delivery of necessaries supplied to the defendant ship. The Court refused the application noting that the document had been specifically requested one year earlier and not produced and that the time for filing affidavits had expired 14 months previous. …
Full Summary