A vessel strikes a marine terminal trestle while in port in
Vancouver, causing damage in excess of $60 million dollars. The
vessel's worth pales in comparison to the damages caused,
though there are a number of sister ships also docked at the port.
The terminal owner is rightfully concerned that the vessels will
simply leave Canadian waters, sailing out of the jurisdiction and
taking the opportunity for any realistic recovery along with them.
How can the terminal owners guarantee a future judgment will be
satisfied when no one ship can satisfy the damages? This was the
case before the courts in Westshore Terminals Limited
Partnership v. Leo Ocean, S.A.1
Every plaintiff involved in a situation where a vessel causes
damage should be concerned about satisfying the eventual judgment.
This issue can be powerfully addressed by "arresting" the
vessel – preventing it from leaving port – and
therefore at least guaranteeing some recovery.
