Date: 20020314
Docket: T-1272-98
Neutral citation: 2002 FCT 283
Montreal, Quebec, March 14, 2002
Present: Richard Morneau, Esq., Prothonotary
ADMIRALTY ACTION IN REM AND IN PERSONAM
BETWEEN:
ARCHAMAX CORPORATION
Plaintiff
and
THE ST. LAWRENCE SEAWAY AUTHORITY,
UPPER LAKES SHIPPING LIMITED,
THE VESSEL "CANADIAN EXPLORER"
and
THE OWNERS AND ALL OTHERS INTERESTED IN THE
VESSELS "CANADIAN CENTURY", "CANADIAN ENTERPRISE",
"CANADIAN EXPLORER", "CANADIAN LEADER",
"CANADIAN MARINER", "CANADIAN MINER",
"CANADIAN NAVIGATOR", "CANADIAN OLYMPIC",
"CANADIAN PROGRESS", "CANADIAN PROSPECTOR",
"CANADIAN PROVIDER", "CANADIAN RANGER",
"CANADIAN TRANSPORT", "CANADIAN VOYAGER",
"HAMILTON TRANSFER", "JAMES NORRIS",
"MONTREALAIS", "QUEBECOIS", and "SEAWAY QUEEN"
Defendants
Motion by Plaintiff for the inspection of property and the conducting of an experiment on the property.
[Rules 249 and 369 of the Federal Court Rules, 1998]
RICHARD MORNEAU, ESQ., PROTHONOTARY:
[1] Upon reviewing the parties' motion records filed with respect to the motion at bar, I am satisfied that this motion can be dealt with in writing and that it shall be rejected with costs for the following reasons.
[2] First, I do believe that the grounds raised in support of the motion ought to have been properly addressed as evidence through an affidavit of a person other than counsel arguing the matter, or by some other acceptable means, such as an exhibit annexed to an affidavit by such a person.
[3] Secondly, I am not reasonably satisfied that the Plaintiff has demonstrated that pressure of the water flow emanating from the culvert cannot be ascertained, as an effective and efficient means, through the use and analysis of the information and explanations given to it by the Defendant during the discovery process.
[4] Therefore, this motion is dismissed with costs.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date : 20020314
Docket : T-1272-98
Admiralty action in rem and in personam
BETWEEN:
ARCHAMAX CORPORATION
Plaintiff
and
THE ST. LAWRENCE SEAWAY AUTHORITY and
UPPER LAKES SHIPPING LIMITED and
THE VESSEL "CANADIAN EXPLORER" and
THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSELS "CANADIAN CENTURY", "CANADIAN ENTERPRISE", "CANADIAN EXPLORER", "CANADIAN LEADER", "CANADIAN MARINER", "CANADIAN MINER", "CANADIAN NAVIGATOR", "CANADIAN OLYMPIC", "CANADIAN PROGRESS", "CANADIAN PROSPECTOR", "CANADIAN PROVIDER", "CANADIAN RANGER", "CANADIAN TRANSPORT", "CANADIAN VOYAGER", "HAMILTON TRANSFER", "JAMES NORRIS", "MONTREALAIS", "QUEBECOIS", and "SEAWAY QUEEN"
Defendants
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET:
STYLE OF CAUSE:
T-1272-98
Admiralty action in rem and in personam
Between:
ARCHAMAX CORPORATION
Plaintiff
and
THE ST. LAWRENCE SEAWAY AUTHORITY and UPPER LAKES SHIPPING LIMITED and THE VESSEL "CANADIAN EXPLORER" and THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSELS "CANADIAN CENTURY", "CANADIAN ENTERPRISE", "CANADIAN EXPLORER", "CANADIAN LEADER", "CANADIAN MARINER", "CANADIAN MINER", "CANADIAN NAVIGATOR", "CANADIAN OLYMPIC", "CANADIAN PROGRESS", "CANADIAN PROSPECTOR", "CANADIAN PROVIDER", "CANADIAN RANGER", "CANADIAN TRANSPORT", "CANADIAN VOYAGER", "HAMILTON TRANSFER", "JAMES NORRIS", "MONTREALAIS", "QUEBECOIS", and "SEAWAY QUEEN"
Defendants
WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ORDER OF: Richard Morneau, Esq., Prothonotary
DATED: March 14, 2002
WRITTEN OBSERVATIONS BY:
| Mr. Peter G. Pamel |
FOR PLAINTIFF |
|
| Mr. Robin Carter |
||
SOLICITORS OF RECORD:
| Borden Ladner Gervais Montreal, Quebec |
FOR PLAINTIFF |
|
| Fasken Martineau Dumoulin Toronto, Ontario |
FOR DEFENDANTS UPPER LAKES SHIPPING LIMITED, CANADIAN EXPLORER ET AL. |
|
| Mr. Morris Rosenberg Deputy Attorney General of Canada |
FOR DEFENDANT THE ST. LAWRENCE SEAWAY AUTHORITY |