CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
North Fishing Ltd. v. Canada (Minister of Citizenship and Immigration)
IMM-352-00
O'Keefe J.
27/10/00
11 pp.
Judicial review of senior immigration officer's decision to issue notice of detention of M/V Erla and requirement of payment of $15,000 security deposit to release vessel--Erla arrived in Newfoundland on July 1, 1999--Beneficial owner Fanney Ltd.--On November 5 Court ordered judicial sale of Erla--Latvian crew member deserted Erla, applied for Convention refugee status on November 10--By terms of Marshall's notice to creditors, creditors having until November 15, 1999 to file claims and any application to dispute filed claim to be made no later than November 29--On November 18 property in Erla passed to North Fishing from Fanney--On December 21, Minister of Citizenship and Immigration issuing direction for security deposit pursuant to Immigration Act, s. 92 against Fanney, Einskip (agent for Erla until June 10, 1999)--Respondent detaining Erla pursuant to detention order made under s. 92--S. 86 providing transportation company liable to pay removal costs in respect of crew member entering Canada as visitor who ceases to be visitor--Application allowed--When respondent gave direction for security, issued notice of detention, Erla already sold--Osborn Refrigeration Sales and Service Inc. v. The Atlantean I (1982), 7 D.L.R. (4th) 395 (F.C.A.) holding when ship sold by court in in rem proceedings, buyer acquiring complete title; all creditors who up to that time entitled to sue ship, cause it to be seized, losing rights to do so and only entitled to participate, in accordance with ranking of respective debts, in distribution of ship's selling price--Judicial sale taking effect on date on which ownership transferred to new owner--After that date creditors may not participate in distribution of selling price--Minister not making decision to hold transportation company liable for removal costs until after Erla sold--As respondent not filing claim against proceeds of sale of ship within stipulated time, claim invalid against proceeds of sale of ship--Ss. 86, 92 not creating lien attaching to ship so as to be able to by-pass law saying judicial sale of ship extinguishing rights of creditors who were, prior to sale, able to sue or cause ship to be seized--Immigration Act, R.S.C., 1985, c. I-2, ss. 86 (as am. by S.C. 1992, c. 49, s. 75), 92 (as am. idem, s. 81).