Security for Claims and Points on Arrest and Release – A short explanation of security requirements in Canada and related arrest and release issues
- October 23, 2009
- Brisset Bishop
Security for claims is generally agreed informally. Club letters of undertaking are generally, but not always, accepted. Security is normally granted for 150% of the value of the claim to cover uplift for interest and costs, subject to the value…
Sister-ship Arrest – An outline of Canadian sister-ship arrest rules
- October 21, 2009
- Brisset Bishop
There is a right to sister-ship arrest under section 43 (8) of the Federal Courts Act against any ship that, at the time the action is brought, is beneficially owned by the person who is the owner of the ship that…
Aspects of Arrest of Vessels in Canada – The broad brush of the rules
- October 20, 2009
- Brisset Bishop
The jurisdiction in rem of the Federal Court of Canada is outlined in the Federal Courts Act. It must be established by the arresting party that at the time of the commencement of the action the ship, aircraft or other…