MARITIME LAW |
Liens and Mortgages |
Paquin v. Alley Cat (The)
T-1048-98
Lemieux J.
23/12/99
16 pp.
Purpose of main claim ruling defendant failed to observe terms of loan agreement dated February 11, 1998, said agreement being secured by maritime mortgage in amount of $80,000--Defence challenged validity of maritime mortgage, nature of rules of law applicable in case at bar--Motion for summary judgment on ground defence entered in record raised no real question to be tried against plaintiff's statement of claim--Motion dismissed--Two points raised in defence serious questions--Facts in record insufficient to allow all points of fact and law raised to be resolved--Application of test (laid down in Ordon Estate v. Grail, [1998] 3 S.C.R. 437) applicable to determine scope of rules of maritime law--Appeared from transactions in case at bar loan agreement within powers conferred on provinces by Constitution dealing with property and civil rights and term loan within federal jurisdiction--However, subject-matter of maritime mortgage vessel subject to rules applicable in Canadian admiralty and maritime law and within jurisdiction of Federal Court of Canada--As at hearing of motion parties did not establish rules of law applicable in case at bar, point had to be referred to judge hearing case on merits.