MARITIME LAW |
Creditors and Debtors |
Balcan ehf v. Atlas (The)
T-1999-01
2001 FCT 1328, Blais J.
4/12/01
8 pp.
Motion for order setting aside amount of bail required to be posted to effect release of ship on ground plaintiff's claim invalid--Plaintiff claiming reimbursement for necessaries supplied to ship, Atlas, causing Atlas to be arrested-- Defendant claiming plaintiff neither supplying ship with necessaries nor paying for necessaries, which had been supplied by third parties, and defendant negotiating payment --Federal Court Act, s. 22(2)(m) conferring jurisdiction on Trial Division with respect to any claim in respect of goods, materials, services supplied to ship for operation, maintenance of ship--Motion allowed--Issue whether claim under s. 22(2)(m) valid thereby conferring jurisdiction upon Court --Purpose of s. 22(2)(m) to provide remedy to supplier who has provided goods, materials, services to ship and not received payment therefor--McBride, Perley, et al v. SS American & J. S. Darrell Co., [1924] Ex. C.R. 227 holding in order to have claim for necessaries party must have actually paid for necessaries--Plaintiff not paying for any of items listed in claim--Letters from suppliers indicating plaintiff not paying for supplies--Plaintiff neither supplying necessaries to Atlas nor paying for any necessaries and thus not necessaries claimant--Portions of plaintiff's claim in rem struck out as plainly and obviously beyond Court's in rem jurisdiction--As no quantified claim against ship, no reason for bail--Warrant of arrest also struck out, and arrest declared invalid--Federal Court Act, R.S.C., 1985, c. F-7, s. 22(2)(m).