Scandia Shipping Agencies Inc. v. Alam Veracruz ( The )
T-2472-97
Dubé J.
23/12/97
6 pp.
Appeal from Prothonotary's order striking out action in rem-Plaintiff agent, broker for defendant Pacnav-Commencing action when Pacnav terminating business relationship-Arresting bunkers, freight on board defendant's ship Alam Veracruz-Action not based on any claim related to bunkers or freight with reference to any particular maritime voyage-Based exclusively on alleged breach of maritime brokerage contract-Prothonotary concluding action in rem may not be launched against property not subject of action-Appeal dismissed-Federal Court Act, s. 43(2) clearly stipulating action in rem may be exercised against property "that is subject of action"-Otherwise all actions in rem could lead to Mareva injunctions-Joint Stock Society "Oceangeotechnology" v. 1201 (The), [1994] 2 F.C. 265 (T.D.) holding in rem proceeding only lies if "connection" to defendant vessel-Federal Court Act, R.S.C., 1985, c. F-7, ss. 22, 43(2).