MARITIME LAW |
Practice |
Global Enterprises International Inc. v. Aquarius (The)
T-16-01
2002 FCT 150, Nadon J.
8/2/02
11 pp.
Plaintiff, Global Enterprises International Inc., seeking: (a) order granting leave to file supplemental affidavit to correct amount of claim under various headings contained in affidavit of Wayne Fallis filed July 11, 2001; (b) order for payment out from sale proceeds of vessels Sagran, Aquarius, Admiral Arciszewski, presently held in trust, to credit of plaintiff for deemed marshall's expenses incurred from January 5 to April 23, 2001--Application stemming from order made on March 26, 2001 by Prothonotary Hargrave--Proceedings arising from arrest, sale of vessels Aquarius, Sagran, Admiral Arciszewski--Vessels arrested by plaintiff on January 5, 2001--Prothonotary Hargrave made order for appraisal, sale on April 24, 2001--Issue between parties regarding expenses claimed by plaintiff under heading "Berthage"--At all material times, vessels at berth at facilities operated by Catamaran Ferry International Inc. (CFI) in North Vancouver--Amounts claimed by plaintiff not "reasonable costs and expenses" incurred for preservation, maintenance of vessels--Not standing in priority as marshall's expenses--Plaintiff seeking to obtain not only reimbursement of "reasonable costs and expenses", but also reimbursement of profits--Amounts claimed including more than actual costs and expenses-- "Reasonable" cost of berthage, on evidence, sum of $250 per day per vessel charged by CFI to Global Terminals-- Plaintiff therefore entitled to payment out from proceeds of sale of three vessels, under heading "Berthage", to sum calculated on basis of $250 per day per vessel.