ICS Petroleum (Montreal) Ltd v Les Dauphins Du St-Laurent and Ors - Federal Ct (Hargrave P) - 25 February 2005
Admiralty jurisdiction - Claim for necessaries - Demise charterer of vessel entered into contracts with seller for supply of fuel and luboil - Buyer acknowledging maritime lien over vessel - Fuel and luboil delivered to shore tank controlled by charterer and to dock - Seller claiming maritime lien - Whether Court had in rem jurisdiction
The plaintiff ("ICS") brought an in rem claim for $84,840.01 for marine gas oil and lubricating oil supplied by it at the request of defendant Les Dauphins du St-Laurent Ltée ("Les Dauphins"). ICS said that the claim gave rise to a maritime lien, and to a right in rem, in effect a necessaries claim, against three small Canadian registered and owned passenger vessels, the Polina 3, the Sirius 1 and the Corona Borealis.
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Michael Daiches, Barrister
Sep 1 2005
