Maritime Lien for Maritime Necessaries Suppliers
Excerpt:
A recent decision of the Federal Court of Canada, World Fuel Services Corporation v. The Ship “Nordems”, 2010 FC 332, released on March 25, 2010, is of interest for its analysis of a claim for a maritime lien relating to the supply of bunkers. Andrew Lau’s article in this space in September/October 2009 reviewed the recent amendments to the Marine Liability Act in Bill C-7 which included the addition of s. 139 to the Act, creating a maritime lien in favour of Canadian ship suppliers against foreign vessels for claims that arise in respect of goods, materials or services wherever supplied to the foreign vessel for its operation of maintenance. This article discusses the decision in the Nordems case which, although not involving a Canadian ship supplier, provides the context for a discussion of maritime liens generally, and the new maritime lien for Canadian ship suppliers in the Marine Liability Act.