The Governor and Company of the Bank of Scotland v. The, 1998 CanLII 9082

In Maritime Liens, Mortgages & Priorities on (Updated )

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 …

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