Bankruptcy - Admiralty Law

BBC Chartering Carriers GMBH & CO. KG v. Openhydro Technology Canada Limited, 2018 FC 1098

In Charters of Ships, Judicial Sales on November 1, 2018 (Updated November 01, 2018)

Précis: The Federal Court granted default judgment in favour of the plaintiff and ordered the sale of the in rem defendant cargo, a Turbine Control Centre.

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Bankruptcy - Breach - Order Granting Trustee to Sign Licence Documents - Order Granting Trustee to Sign Licence Documents Contracts - Practice

Careen v. Few & Strathie Ltd., 2003 NLCA 33

In Contracts, Fish Cases, Fisheries Practice on July 13, 2012 (Updated July 13, 2012)

This case involved the breach of agreement respecting the purchase and sale of a fishing licence. This agreement included a declaration of trust concerning the status of the licence prior to it being transferred to the purchaser. Prior to the licence being completely paid for and prior to the transfer of the licence, the vendor made an assignment in bankruptcy. …

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Bankruptcy - Contracts - No discharge granted pending further payments of licence revenue - Practice

Dugas (Re Bankruptcy) v., 2004 NBCA 15

In Contracts, Fish Cases, Fisheries Practice on July 13, 2012 (Updated July 13, 2012)

This case involved a bankrupt fisher who because of poor health, arranged for another person to fish his crab licence. At issue was the extent to which the trustee in bankruptcy could collect the revenue received from the licence revenue. Although it was agreed that the licence itself was exempt from seizure (see s. 2 of the Bankruptcy Act), the …

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Bankruptcy - Fisheries Practice - PPSA - Whether or Not Fishing Licence is Property for the Purpose of PPSA and Bankruptcy and Insolvency Act

Saulnier v. Royal Bank of Canada, 2008 SCC 58

In Fish Cases, Fisheries Practice on July 13, 2012 (Updated July 13, 2012)

This case involved the holder of a lobster licence, a herring licence, a swordfish licence and a mackerel licence, the combined value of which exceeded $600,000. Upon the holder of the licence making an assignment into bankruptcy (after being placed in receivership by the bank), an application was made by the Royal Bank for a declaration that these fishing licences …

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Bankruptcy - Liens and Mortgages - Whether Bankruptcy Act Stays Apply to Maritime Liens

Nanaimo Harbour Link Corp. v. Abakhan & Associates Inc., 2007 BCSC 109

In Maritime Liens, Mortgages & Priorities on January 29, 2007 (Updated July 05, 2012)

This matter concerned the bankruptcy of the owner and operator of a passenger ferry. The issue was whether maritime lien claimants are caught by the statutory stay of proceedings under the Bankruptcy and Insolvency Act. More specifically, the issue was whether the maritime claimants could proceed with their actions in the Federal Court and have priorities determined in accordance with …

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Bankruptcy - Priorities - Striking Claim of Trustee

Global Enterprises International v. The "Aquarius", "Sagran" and "Admiral Arciszewski", 2001 FCT 1311

In Maritime Liens, Mortgages & Priorities on November 28, 2001 (Updated July 05, 2012)

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 …

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