This was a motion by the Plaintiff for leave to rely upon documents produced by it at cross examination and for leave to file a supplementary affidavit of claim. The Prothonotary held that documents produced at the cross examination did not form part of the evidence to be used at the upcoming priorities hearings unless cross-examining counsel wished to rely …
Full SummaryHolt Cargo Systems Inc. v. The Brussel, 1997 CanLII 5128, 1998 CanLII 8959
This was an application by a terminal operator to recover movement and storage charges for abandoned containers from the proceeds of sale of the Defendant ship as if those charges had been a Marshall’s expense of arrest. The containers had been off-loaded from the Defendant ship pursuant to a Court order. The motions judge granted the application, reasoning that the …
Full SummaryThe Governor and Company of the Bank of Scotland v. The, 1998 CanLII 9082
This was motion by in rem creditors of the Defendant vessel to compel production from the Plaintiff mortgagee of various documents relating to the financing of the Defendant ship and of a sister ship. In the course of his reasons the Prothonotary considered at length the doctrine of marshalling and whether it could apply to the benefit of in rem …
Full SummaryDoris v. The "Ferdinand", 1998 CanLII 8451
The Plaintiff was the C.E.O. of a company that in turn owned 12 other companies each of which owned one ship. The ships were floating homes. The Plaintiff alleged that as Master of the ships he disbursed funds for the payment of maintenance expenses. The Plaintiff claimed a maritime lien for Master’s disbursements in respect of such payments. The Plaintiff’s …
Full SummaryFraser Shipyard and Industrial Centre v. The 'Atlantis Two, No.T-111-98 (F.C.T.D.)
This was an application by Lloyd’s for an order that it be given priority for amounts due to it for classification services rendered to the "Atlantis Two" in 1997 and 1998. At the time of the motion the "Atlantis Two" had been ordered to be sold pendente lite. The Acting Marshall had requested that Lloyd’s make it books and records …
Full SummaryThe Governor and Company of the Bank of Scotland v. The "Nel", 1998 CanLII 7467
This was an application by the Plaintiff mortgagee for payment out of Court of part of the proceeds from the sale of the Defendant vessel. The Prothonotary noted that there has been a practice to pay out, from sale proceeds, funds which are clearly in excess of the amount needed to satisfy the claims against the vessel provided full disclosure …
Full SummaryScott Steel Ltd. v. Alarissa, 1997 CanLII 4792
This was an appeal from the order of the Prothonotary setting the priorities among various claimants to the proceeds of the Court ordered sale of the stern wheeler "Edmonton Queen". The contest was between the builder who had a possessory lien over the vessel, the mortgagee who held a builder’s mortgage which matured into a registered mortgage and a supplier …
Full SummaryBrotchie v. The Karie T, No. T-2369-93 (F.C.T.D.)
In this matter the Court confirmed that the normal order of priorities upon the sale of an arrested vessel is as follows: first, to the Admiralty Marshall for reasonable charges and disbursements; second, to holders of maritime liens such as those arising out of a collision; and third, to holders of registered mortgages.
Full Summary