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Federal Court admiralty decision distributing sale proceeds of the Chaulk Lifter, recognizing Verreaultâs possessory lien, subordinating related-party mortgage claims, and dismissing an unrelated lender claim.
Motion dismissed: the Court found the plaintiff had not shown a sufficient default under the loan to justify taking possession of and selling the vessel.
The Federal Court dismissed a motion to recuse Prothonotary Hargrave, finding no reasonable apprehension of bias from remote prior professional involvement.
The Federal Court extended time to serve an in rem claim and approved a pendente lite private sale of the Essington II at $380,000.
The court upheld the marine mortgage and sale of the Ocean Tribune, rejected claims of improper conduct by the mortgagee in possession, and awarded $1,000 for unreturned personal chattels.
The court dismissed a motion to strike an admiralty in rem claim over the vessel OCEAN TRIBUNE, holding the plaintiffsâ claims raised triable issues of title, possession, and mortgage.
The court dismissed a motion to strike the bankâs claim for want of prosecution and refused cross-examination of the bankâs affidavit deponent in a debt action.
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