Weser Isle v. Transocean Gateway Corp., (1974) 4 N.R. 471 (FCA)

• Judge: Thurlow, J., Choquette, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: June 10, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 4 N.R. 471 (FCA)

Weser Isle v. Transocean Gateway Corp. (1974), 4 N.R. 471 (FCA)

MLB headnote and full text

Weser Isle v. Transocean Gateway Corp.

Indexed As: Weser Isle v. Transocean Gateway Corp.

Federal Court of Appeal

Thurlow, J., Choquette, D.J.

and MacKay, D.J.

June 18, 1974.

Summary:

This case arose out of an application by the owners of a ship for the release of a bail bond. The ship was arrested at Saint John, N.B. on February 29, 1972. On March 24, 1972, a bail bond was filed and the ship was released from arrest. The bail bond was given unconditionally and without limit as to time - see paragraph 3. The claimant referred to in the bail bond, Transocean Gateway Corp., did not commence an action promptly and the owners of the ship applied by motion to the Federal Court for permission to withdraw the bail bond. The application was granted by the Trial Division of the Federal Court of Canada.

On appeal to the Federal Court of Appeal the appeal was allowed and the order of the Trial Division was set aside. The Federal Court of Appeal stated that the failure of the claimant to commence an action promptly did not justify an order permitting the withdrawal of the bail bond.

Admiralty - Topic 8270

Practice - Actions in rem - Release of property on a bail bond - Cancellation or withdrawal of the bail bond - The bail bond was given unconditionally and without limit as to time - Failure of the claimant to commence an action promptly - The Federal Court of Appeal held that the failure of the claimant to commence an action promptly did not justify an order permitting the withdrawal of bail bond.

Admiralty - Topic 8265

Practice - Actions in rem - Release of property on a bail bond - Form and content of the bail bond - The Federal Court of Appeal referred to irregularities in a bail bond for purposes of the Federal Court Rules - See paragraph 10.

Statutes Noticed:

Federal Court Rules, rule 1004 [para. 8].

Counsel:

E. Baudry, for the appellant;

A.S. Hyndman, Q.C., for the respondent.

This appeal was heard by the Federal Court of Appeal at Montreal, Quebec, on June 10, 1974. Judgment was delivered by the Federal Court of Appeal on June 18, 1974.

The judgment of the Federal Court of Appeal was delivered by THURLOW, J.