Gleason v. Dawn Light ( The )
A-438-97
McDonald J.A.
23/1/98
3 pp.
Appeal and cross-appeal from Motions Judge's decision ((1997), 130 F.T.R. 284) granting in part motion for summary judgment seeking dismissal of claim for specific performance of agreement of purchase and sale of ship-Motions Judge correctly found appellant had not demonstrated specific performance appropriate remedy-Unavailable as remedy because title had passed to intervenor as bona fide purchaser for value without notice-Intervenor's motion allowed as Motion Judge's finding intervenor bona fide purchaser for value without notice should have led him to conclude arrest no longer necessary as ship could not be used to satisfy potential award of damages against respondent Baker-Appeal dismissed, cross-appeal allowed.