This was a hearing to determine the priorities of claimants to the proceeds of sale of the "Nel" which had been sold pendente lite for US$5,000,000. The claimants and their claims were: the mortgagee under a fleet mortgage for the expenses of sale, for wages paid to the crew and repatriation costs, and for the amount owing under the current …
Full SummaryRoyal Bank of Scotland plc v. The Golden Trinity, [2000] F.C.J. No. 938
This was an application to strike out the affidavits of claim of the Plaintiff mortgagee on the grounds that the deponent produced for cross-examination was inadequately prepared. The Court agreed with the Applicant that the cross-examination was unsatisfactory in that the witness gave clearly incorrect answers and was not properly informed but refused to strike out the affidavits of claim. …
Full SummaryRoyal Bank of Scotland plc v. The "Golden Trinity" et al., [2000] 4 FC 211
This motion considered the scope of cross-examination on affidavits of claim in a proceeding to determine priorities. The Prothonotary reviewed the various authorities relating to the issue and noted that the authorities supported both a narrow approach and a broad approach, depending on the context. The Prothonotary borrowed concepts from both approaches to arrive at some broad general principles as …
Full SummaryNedship Bank N. V. v. The "Zoodotis", 2000 CanLII 15471
The Plaintiff mortgagee was unable to produce the deponent of its affidavit of claim for cross-examination and brought this application for leave to substitute another witness for cross-examination. The Court stated that the general rule was affidavits will be struck out if the deponent is not produced for cross-examination and replacement affidavits will not be allowed in the absence of …
Full SummaryHolt Cargo Systems Inc. v. The "Brussel", 2000 CanLII 15144
This was an assessment of costs pursuant to a court order granting the Plaintiff costs on a solicitor and client basis for the arranging of the appraisal and sale of the "Brussel". The submitted Bill of Costs was challenged on the basis that it included many matters not related to the appraisal and sale and on the basis that it …
Full SummaryHolt Cargo Systems Inc. v. The "Brussel", 2000 CanLII 14954
This was a hearing to determine priorities to the sale proceeds of the Defendant vessel. The claimants and their claims were: Holt Cargo Systems for costs of sale and Marshall’s expenses; Halifax Port Corporation for port dues owed by the "Brussel" and her sister ships; Atlantic Pilotage Authority for pilotage services rendered to the "Brussel" and her sister ships; American …
Full SummaryFraser Shipyard & Industrial Centre Ltd. v. The Atlantis Two, 1999 CanLII 8369, 1999 CanLII 8498
This was a hearing to determine priorities to the sale proceeds of the Defendant vessel. The claimants and their claims were: a bunker supplier for bunkers supplied pursuant to a court order granting a priority as Marshall’s expenses; the crew for wages; the Master for disbursements; the Crown for the costs of repatriating the crew; the charterer for bunkers supplied …
Full SummaryThe "Barkley Sound" v. Canadian Imperial Bank of Commerce, 1999 CanLII 5871
This was an application to determine priorities. At issue was whether a ship repairer in possession could claim priority over the mortgagee for storage charges and interest. The court found that the repairer had retained possession of the vessel and that the storage charges were incurred for the purpose of protecting the repairer’s interest. Under these circumstances, the court held …
Full SummaryBank of Scotland plc v. Kimisis III (Ship), 1999 CanLII 7651
This was a motion by a mortgagee for an order that the owner of a cargo of wheat on board the "Kimisis III" remove the cargo at its expense. The motion was denied on the grounds that it was premature as the mortgagee had not entered into possession of the vessel and had not applied for a court ordered sale. …
Full SummaryThe Bank of Scotland plc. v. The "Nel", [1999] 2 FC 578
This was an application by a shipping agent and ad hoc supplier of bunkers to recover from the sale price of the Defendant vessel the value of bunkers sold with the ship and supplied by the applicant. The supplier did not render an invoice to the ship owner when the bunkers were delivered. The supplier said it intended to recover …
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