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Contracts |
Third Ocean Marine Navigation Co., LLC v. GTS Katie (The)
T-1383-00
Rouleau J.
23/10/00
6 pp.
Applications for orders quashing arrest of in rem defendant freights, sub-freights for vessel GTS Katie, declaring plaintiff having no lien on or claim to such freights, sub-freights; striking out statement of claim--Plaintiff time chartered its ship, GTS Katie, to Andromeda Navigation Inc.--Andromeda entering into contract of affreightment with SDV Logistics (Canada) Inc., who in turn entered into contract of affreightment with Department of National Defence for transportation of some of its military equipment from Greece to Canada--Statement of claim seeking judgment ordering defendant owners and those interested in freights, sub-freights to pay into Court $1,311,000 pending determination of plaintiff's claims by way of arbitration under charter party, and stay of proceedings--Plaintiff obtaining warrant for arrest of property pursuant to Federal Court Rules, 1998, rr. 481 to 484; served it on defendants' solicitors--Applications allowed--Purported arrest not valid--Property in hands of Crown, whether belonging to Crown or another, cannot be arrested--Crown's immunity in this regard set out in Crown Liability and Proceedings Act, ss. 14, 29, 30--Neither bill of lading nor any contract for carriage of cargo to which SDV or Crown party incorporating lien clause contained in charter party between plaintiff and Andromeda Navigation Ltd.--Plaintiff not having lien on any freights or sub-freights owed in connection with carriage of cargo--Federal Court Rules, 1998, SOR/98-106, rr. 481 to 484--Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, ss. 14, 29 (as am. by S.C. 1990, c. 8, s. 31), 30 (as am. idem).