MARITIME LAW |
Creditors and Debtors |
Neves v. Kristina Logos (The)
A-617-01
2002 FCA 502, Sexton J.A.
17/12/02
4 pp.
Appeal from decision of Motions Judge setting priorities of payment of claims resulting from sale of defendant ship--Crown's claim for forfeiture constituting in rem claim against ship pursuant to s. 72(1) of Fisheries Act--S. 75 permitting any person claiming innocence of complicity in offence to apply for order declaring interest not affected by forfeiture--Claim for forfeiture therefore taking priority over other claims unless successful claim under s. 75--As no such claim, forfeited amount should be ranked in priority to all other claims--Crown appeal for compensation for maintenance of ship rejected as alternative avenues available eg. motion to appoint Marshall to take possession, or for order authorizing expenditures--Crown appeal allowed regarding priority of forfeiture claim, dismissed in all other respects-- Fisheries Act, R.S.C., 1985, c. F-14, ss. 72(1) (as am. by S.C. 1991, c. 1, s. 21), 75 (as am. idem, s. 22).