Gleason v. Dawn Light ( The )
T-1903-96
Giles A.S.P.
19/9/96
5 pp.
Motion for order setting aside arrest warrant against ship Dawn Light and order granting Raymond Michael Davis status to intervene-Plaintiff alleging ship sold to him by defendant-Defendant alleging counter-offer never accepted, therefore defendant free to enter into purchase agreement with Davis-Arrest of ship has no effect on title-Federal Court Act, s. 20(2)(a) giving Federal Court jurisdiction with respect to title, possession or ownership of ship-S. 43(2) providing right in rem-Beneficial ownership irrelevant to right to proceed in rem-Except in case where no jurisdiction or right to action in rem, not usual to release ship from arrest on interlocutory motion-Possibility Davis may have substantial claim in damages making it imperative he be allowed to intervene to assert claim to title of ship by resisting plaintiff's claim and to counterclaim, claim over or make admiralty claim without counterclaim-Motion to intervene granted-Motion to set aside arrest warrant dismissed-Federal Court Act, R.S.C., 1985, c. F-7, ss. 20(2)(a) (as am. by S.C. 1990, c. 3, s. 34), 43(2).