The Problem

Our client, a car dealer, purchased a series of vehicles for which payment was tendered. Our client did not receive all of the vehicles from the seller; the seller was shipping four of the vehicles out of the country in containers on a vessel out of a Canadian sea port.

Our Approach

We commenced an action and brought an injunction application including an order adding the shipping company as a party, so that any court order concerning the vehicles would bind that shipping company.

The Result

We obtained a court order precluding the transport of the vehicles out of the jurisdiction and an order that the vehicles be surrendered to our client. Had we not acted quickly in bringing an injunction application and obtaining such relief, the vehicles would have ended up in another jurisdiction, making the likelihood of recovery very low.