MARITIME LAW
Practice
Appeal from Federal Court decision dismissing appellant’s motion to strike respondent Phoenix Bulk Carriers Limited’s statement of claim in rem against cargo, to set aside warrant of arrest of cargo—Affidavit to lead warrant not deficient—Sufficient to set out legal basis on which Phoenix relied to invoke Federal Court’s in rem jurisdiction, i.e. Federal Courts Act, R.S.C., 1985, c. F-7, ss. 22(2)(i), 43(3)—Statement of claim including in personam claim against owners of arrested cargo, meeting requirements of Act, s. 43(3)—Not plain and obvious action could not succeed—Phoenix having arguable case appellant beneficial owner of cargo, both when cause of action arose, action commenced—Phoenix’s action neither frivolous nor vexatious, not constituting abuse of Court’s process—Appeal dismissed.
Kremikovtzi Trade v. Swift Fortune (The) (A-409-05, 2007 FCA 381, Nadon J.A., judgment dated 4/12/07, 24 pp.)