Bernard LLP lawyers Peter Swanson and Megan Nicholls were successful in obtaining judgment in the Federal Court on behalf of a Canadian bunker supplier in the context of the OW Bunker bankruptcy: Canpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2015 FC 1108. Justice Russell of the Federal Court delivered a lengthy and detailed set of Reasons rejecting arguments that OW Bunker was entitled to funds previously paid into court. Instead he concluded that the local bunker supplier was entitled to full payment directly from the charterer. This is the first case where a Canadian necessary supplier has obtained judgment based, in part, on a maritime lien established under s. 139 of the Marine Liability Act. The reasons are available on the Federal Court of Canada decisions website.
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