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Northwest Delta Yacht Services Inc. v. Sovereign Yachts et al., 2004 FC 304

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

The Plaintiff in this action had installed teak decking on the Defendant yacht pursuant to a contract with the builder. The Plaintiff was not paid by the builder and brought this proceeding in rem against the yacht and in personam against the builder and against the purchasers of the yacht. The statement of claim was served on one of the …

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Roberts v. Andrews, 2003 BCSC 1002

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was an application to set aside a warrant of arrest and strike an in rem action. The case concerned a joint venture fishing operation in which the Plaintiff provided fishing licenses and the Defendant provided, inter alia, a fish packing vessel. A dispute arose as to the distribution of profits and the Plaintiff commenced this proceeding and arrested the …

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Trawlercat Marine Inc. v. The "Amity", 2002 FCT 1181

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

The Defendant obtained plans from the Plaintiff for a 55′ catamaran which the Defendant intended to build. The Defendant decided not to proceed with the project and later retained a naval architect to design a 70′ catamaran. The Plaintiff subsequently commenced this in personam and in rem action alleging breach of a contract to execute a purchase and construction agreement …

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Brooks Aviation Inc. v. Wrecked and Abandoned Boeing Sb-17g Aircraft, 2002 FCT 503 (CanLII)

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This very interesting application was for an order dispensing with service of the Statement of Claim, Affidavit to Lead Warrant and Warrant. The res was a B-17 aircraft that had crash landed on a lake in Labrador during the winter of 1947. The following year the aircraft sank during the spring thaw and it remains submerged. The wreck was discovered …

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Coath v. The "Bruno Gerussi", 2002 FCT 385

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was an application for default judgment in personam and in rem. The Prothonotary granted the judgment in personam but refused the judgement in rem as the Statement of Claim had not been served on the vessel but instead had merely been given to the person in charge of the vessel. The Prothonotary noted that such service would only be …

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Margem Chartering Co. Inc. v. Cosena SRL and The "Bocsa", [1997] 2 FC 1001

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was a motion by the shipowner to strike out the In Rem Statement of Claim and set aside the arrest . The Plaintiff had entered into a charter party agreement with the "disponent owner" of the ship for the carriage of coal. Upon arrival at the port of loading the vessel was detained by Coast Guard and was unable …

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