Arrest of Cargo - Admiralty Law

Kremikovtzi Trade v. Phoenix Bulk Carriers Ltd., 2007 FCA 381

In Admiralty Practice, In Rem Actions and Arrest on December 4, 2007 (Updated June 28, 2012)

This was a claim in rem against the owners and all others interested in a particular cargo. This particular application was a re-hearing of various issues that had been referred back to the Court of Appeal after the Supreme Court of Canada overturned the Court of Appeal on the issue of in rem jurisdiction in Phoenix Bulk Carriers Ltd. v. …

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Arrest of Cargo - Setting Aside

Campbell's Meat Market Ltd. v. The "Merak", 2000 CanLII 15892

In Admiralty Practice, In Rem Actions and Arrest on July 21, 2000 (Updated June 28, 2012)

The issue in this case was whether an arrest of a cargo of shrimp should be set aside on the grounds that the cargo had been sold prior to the service of the Statement of Claim and Warrant of Arrest. The Court reviewed the evidence and found as a fact that the cargo had been sold prior to the arrest …

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Arrest of Cargo - Costs

Trade Arbed Inc. v. Toles Ltd., 2000 CanLII 16551

In Admiralty Practice, In Rem Actions and Arrest on July 12, 2000 (Updated June 28, 2012)

This was an appeal from an order of a Prothonotary in which the Prothonotary refused to award solicitor-client costs payable by the solicitor personally after the Statement of Claim in rem was ordered struck and an arrest of cargo set aside. On appeal, the Motions Judge held that the seizure of cargo is an extraordinary procedure that constitutes an interference …

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