Ultramar Canada Inc. v. Pierson Steamships Ltd. (The Joan M. McCullough) - Fed. Ct. (Mahoney J.) - 25 August 1982

Admiralty practice - Release of vessel from arrest - Position of creditors

The plaintiff (Ultramar) sought to recover the value of necessaries supplied to the defendant’s vessel Joan M. McCullough . Ultramar, in six separate actions, sought to recover the value of necessaries supplied to six other ships also owned by the defendant. In addition, in a further action, the Great Lakes Towing Company sought to recover the value of towing services provided to the Joan M. McCullough in various United States ports. All actions were in rem and in personam , and all the ships except one had been arrested. Notices of caveat release had been filed by various parties in the actions. These comprised claims for: necessaries, dockage, harbour dues owing to the Lakehead Harbour Commission, stevedoring in United States ports, pilotage, and damage to a wharf.