27 Jul 2023
Inuksuk I (Ship) v. Sealand Marine Electronics Sales and Services Ltd
In the case of Inuksuk I (Ship) v. Sealand Marine Electronics Sales and Services Ltd, dated July 27, 2023, the appellants Inuksuk Fisheries Ltd., Remoy Fisheries Ltd., and Baffin Fisheries Coalition contested a decision that had been made by the Federal Court (2021 FC 887). This decision had granted the respondent, a marine equipment supplier, two actions in rem and in personam. The purpose of these actions was to seek payment for the goods and services that had been provided to the vessels M/V “SIVULLIQ” (amounting to $171,396.46) and M/V “INUKSUK I” (amounting to $13,368.06). The Federal Court had ruled against the appellants' claim of equitable set-off, in which they alleged a fraudulent scheme. The court concluded that the respondent was entitled to rely on the "Indoor Management Rule" to counter allegations of fraud.
In summation, the decision made by the Federal Court, which was upheld during the subsequent appeal, negated the appellants' defense of equitable set-off and their allegations of fraud and conspiracy. The court upheld the validity of the respondent's claims, thereby ruling against the contentions made by the appellants. Additionally, the court confirmed its jurisdiction to handle the defense of equitable set-off, despite this matter being a subject of dispute. Ultimately, the appeal made by the appellants was dismissed with costs set at the agreed amount of $3,680.