North Saskatchewan Riverboat Co Ltd and Others v The “Edmonton Queen” and Others - Federal Court (Trial Div) (John A Hargrave Prothonotary) - 25 May 1995

Admiralty practice - Vessel arrested by co-ownership claimants - Whether arrest should be set aside - Nature of security to be given for release of vessel

The passenger river vessel Edmonton Queen had been purchased by the first and second defendants (“the registered owners”) on a court-ordered sale at a price of $800,000. The registered owners subsequently moved the vessel from the builder’s yard in Edmonton to Whitemud Park for launching, at a cost of some $185,000. The plaintiffs said that they had a one-third interest in the vessel and in the defendants’ total operation, the claim arising from an agreement between the plaintiffs and the defendants for services provided by the plaintiffs in obtaining and launching the vessel. The plaintiffs, who said that they had been denied their interest in the vessel, issued a statement of claim and arrested the vessel. In addition the plaintiffs claimed $1 million in damages for breach of agreement and breach of duty of good faith.