I. Deveau Fisheries Ltd. v. Cummins Americas, Inc., No. T-1312-95 (F.C.T.D.)

In Admiralty Practice, Parties on (Updated )

This case concerned a claim by the Plaintiff against the Defendant for negligent repair of a ship’s engine. The Defendant in turn commenced Third Party proceedings against a sub-contractor for contribution and indemnity in respect of work done by the sub-contractor to the cylinder heads of the engine. The sub-contractor brought a motion to strike the Third Party action on …

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Elecnor S.A. v. The "Soren Tourbo" et.al., [1996] 3 FC 422

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This case addresses the issue of whether the Plaintiff must name all sisterships in a Statement of Claim. The action was originally commenced on January 25, 1995, against the ship "Soren Turbo". The Statement of Claim was renewed on January 15, 1996 for a further twelve months. This renewal was, however, subject to the proviso that if the "Soren Tourbo" …

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Quinlan Brothers Limited v. The "Tricon Commander" et.al., No. T-2690-94 (F.C.T.D.)

In Admiralty Practice, Delay and Time Extensions on (Updated )

In this matter the surety of a bail bond brought an application for their bond to be released. The action had been commenced and the Defendant ship arrested in November, 1984. Bail was posted in January 1986 and the ship was released from arrest the following month. Nine years then passed without any significant action being taken by either party. …

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Jordan v. Towns Marine Electronics Ltd. et.al., T-1577-95 (F.C.T.D.)

In Admiralty Practice, Discovery on (Updated )

This was an appeal from a decision of the Prothonotary in which the Defendant was ordered to produce three adjuster’s reports. The Defendant had claimed privilege over the reports arguing they were made in contemplation of litigation. On appeal, the Defendant argued that as the adjusters were appointed by the liability insurer of the Defendant, the only possible purpose for …

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Companhia Siderurgica Nacional v. The "Imperial Confidence", No.T-3083-94 (F.C.T.D.)

In Admiralty Practice, Delay and Time Extensions on (Updated )

This was an ex parte motion by the Plaintiff to extend the time for service of the Statement of Claim. The Prothonotary extended the time for service in rem as the Defendant vessel had not been in the jurisdiction since the Statement of Claim was issued. However, the Court refused to extend the time for service in personam. The Prothonotary …

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Fraser River Pile & Dredge Ltd. v. Empire Tug Boats Ltd., No.T-11631-93 (F.C.T.D.)

In Admiralty Practice, Discovery on (Updated )

This was an application in limitation proceedings for inspection of a ship’s steering system. The shipowner contested the application arguing that it would be inconvenient and that it should not be done until all claimants in the limitation proceedings were known. The Court acknowledged that the inconvenience of the shipowner was a matter to take into account but held that …

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Portbec Forest Products Ltd. v. The "Bosporus", No. T-556-92 (F.C.T.D.)

In Admiralty Practice, Service on (Updated )

This case concerned Rule 310(2) of the Federal Court Rules which permits a non-resident to be served by serving an agent within the jurisdiction. The Plaintiff served the Defendant shipping line and shipowner by serving a local port agent who had been authorized to sign bills of lading and to attend to the Defendant ships husbandry. The Defendants led evidence …

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Granville Shipping Co. v. Pegasus Lines Ltd., [1996] 2 FC 853

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

This case involved a claim by the Plaintiff for unpaid hire under a charterparty and a counterclaim by the Defendant for damages for delay. The Plaintiff brought a motion for summary judgment on the main claim and a motion for an order staying the counterclaim and referring it to arbitration pursuant to the arbitration clause in the charterparty. The Court …

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Pennecon v. The "Jean Raymond", No T-1877-85 (F.C.T.D.)

In Admiralty Practice, Delay and Time Extensions on (Updated )

This was a motion to dismiss a claim for want of prosecution. The claim had been filed in August, 1985. The Statement of Defence was not filed until November 1, 1989. On November 15, 1991, the Plaintiff filed a Notice of Intention to Proceed but no steps were taken. Various minor notices were sent over the next 4 years. In …

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Ferguson v. Arctic Transportation Ltd., [1996] 1 FC 771

In Admiralty Practice, Parties on (Updated )

This was an action by the Plaintiff against the Defendant shipowner for personal injuries suffered by the Plaintiff while the Defendant ship was transiting the Panama Canal. At the time of the accident the Plaintiff was employed as a Pilot by the Panama Canal Commission. The Defendant in the case had previously joined the Panama Canal Commission as a Third …

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