Date: 19991025
Docket: T-510-99
(Action in Rem against the vessel "Clipper Majestic")
BETWEEN:
IRVING PULP & PAPER LIMITED,
IRVING FOREST SERVICES LIMITED,
IRVING FOREST PRODUCTS GMBH,
STORA UETERSEN GMBH
STORA SPEZIALPAPIERE GMBH and
STORA PAPER BOARD GMBH, and
STORA KABEL GMBH
Plaintiffs
-and-
THE OWNERS AND CHARTERERS AND ALL
OTHERS INTERESTED IN THE VESSEL
"CLIPPER MAJESTIC"
Defendants
REASONS FOR ORDER AND ORDER
GILES ASP.
[1] The motion before me seeks an Order for substitutional service of the Statement of Claim in an action solely in rem. It is sought to serve out of the jurisdiction, agents and managers for the owner of a ship not in the jurisdiction. Such service is not in my view contemplated by Rule 479 (2) and in any event, the record does not address the Hague Convention for service abroad.
[2] The material before me implies there is no sistership which militates in favour of a generous extension of time for service.
ORDER
[3] The time for service of the Statement of Claim herein is extended to October 20th, 2000.
"Peter A. K. Giles"
A.S.P
TORONTO, ONTARIO
October 25, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-510-99 |
STYLE OF CAUSE: IRVING PULP & PAPER LIMITED, |
IRVING FOREST SERVICES LIMITED, |
IRVING FOREST PRODUCTS GMBH,
STORA UETERSEN GMBH
STORA SPEZIALPAPIERE GMBH and
STORA PAPER BOARD GMBH, and
STORA KABEL GMBH
- and - |
THE OWNERS AND CHARTERERS AND ALL OTHERS INTERESTED IN THE VESSEL "CLIPPER MAJESTIC" |
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369.
REASONS FOR ORDER AND ORDER BY: GILES A.S.P. |
DATED: MONDAY, OCTOBER 25, 1999 |
WRITTEN SUBMISSIONS BY: George R. Strathy
For the Plaintiffs
SOLICITORS OF RECORD: Strathy & Richardson
Barristers & Solicitors
401 Bay Street
Suite 2420, Box 69
Toronto, Ontario
M5H 2Y4
For the Plaintiffs |
FEDERAL COURT OF CANADA
Date:19991025
Docket: T-510-99
Between:
IRVING PULP & PAPER LIMITED, |
IRVING FOREST SERVICES LIMITED, |
IRVING FOREST PRODUCTS GMBH,
STORA UETERSEN GMBH
STORA SPEZIALPAPIERE GMBH and
STORA PAPER BOARD GMBH, and
STORA KABEL GMBH
Plaintiffs
- and -
THE OWNERS AND CHARTERERS AND ALL OTHERS INTERESTED IN THE VESSEL "CLIPPER MAJESTIC" |
Defendants
REASONS FOR ORDER |
AND ORDER