Date: 20011217
Docket: T-1639-97
Neutral citation: 2001 FCT 1400
Montreal, Quebec, December 17, 2001
Present: The Honourable Mr. Justice Nadon
Action in rem against the vessel "CANMAR CONQUEST" and in personam
against the Owners and Charterers of the vessel "CANMAR CONQUEST",
Canada Martime Ltd. and Ango-Eastern Shipmanagement Ltd.
BETWEEN:
AMUT S.P.A.
and
ROYAL FLEX LOX PIPE LIMITED
and
UNIFREIGHT ITALIA Srl.
and
UNIFREIGHT INTERNATIONAL LTD.
and
ALL THOSE PERSONS HAVING AN INTEREST IN
THE CARGO LADEN ON BOARD THE VESSEL
"CANMAR CONQUEST"
Plaintiffs
AND
CANADA MARITIME LTD.
and
THE OWNERS AND CHARTERERS OF THE
VESSEL "CANMAR CONQUEST"
and
THE VESSEL "CANMAR CONQUEST"
Defendants
Motion on behalf of Plaintiffs for an Order:
- Abridging the delays for the presentation of the present motion;
- Extending the delay to hold the examination on discovery of a representative of Amut S.p.a.
(Rule 8 of the Federal Court Rules, 1998)
[1] The motion is allowed with costs in the sum of $500 payable to the Defendants in any event of the cause. Firstly, the delay to present the motion is abridged. Secondly, the Plaintiffs shall present a witness in Montreal, at the latest January 11, 2002, for examination on discovery by the Defendants.
[2] Although Teitelbaum J.'s Order of November 22, 2001 provides that the Statement of Claim will be dismissed upon failure to produce a witness by December 14, 2001, I am satisfied that, in the circumstances, Teitelbaum J.'s Order ought to be varied so as to extend the examination on discovery date from December 14, 2001 to the latest January 11, 2002.
[3] Counsel for Plaintiffs ought not to have agreed to the December 14, 2001 date before having verified the availability of a witness. However, I am not prepared to refuse a short extension so as to allow the Plaintiffs to produce a witness. I am satisfied that no witness could be made available prior to December 14, 2001.
[4] The January 11, 2002 date is peremptory. No further delay will be allowed. I will remain seized of this matter pending completion of the Defendants' examination on discovery of the Plaintiffs' witness.
"Marc Nadon"
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20011217
Docket: T-1639-97
BETWEEN:
AMUT S.P.A.
and
ROYAL FLEX LOX PIPE LIMITED
and
UNIFREIGHT ITALIA Srl.
and
UNIFREIGHT INTERNATIONAL LTD.
and
ALL THOSE PERSONS HAVING AN INTEREST IN
THE CARGO LADEN ON BOARD THE VESSEL
"CANMAR CONQUEST"
Plaintiffs
AND
CANADA MARITIME LTD.
and
THE OWNERS AND CHARTERERS OF THE
VESSEL "CANMAR CONQUEST"
and
THE VESSEL "CANMAR CONQUEST"
Defendants
ORDER AND REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1639-97
STYLE OF CAUSE:
AMUT S.P.A.
and
ROYAL FLEX LOX PIPE LIMITED
and
UNIFREIGHT ITALIA Srl.
and
UNIFREIGHT INTERNATIONAL LTD.
and
ALL THOSE PERSONS HAVING AN INTEREST IN
THE CARGO LADEN ON BOARD THE VESSEL
"CANMAR CONQUEST"
Plaintiffs
AND
CANADA MARITIME LTD.
and
THE OWNERS AND CHARTERERS OF THE
VESSEL "CANMAR CONQUEST"
and
THE VESSEL "CANMAR CONQUEST"
Defendants
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: December 17, 2001
ORDER AND REASONS FOR ORDER OF:
THE HONOURABLE MR. JUSTICE NADON
DATED: December 17, 2001
Page: 2
APPEARANCES:
|
Mr. Jean-Marie Fontaine |
FOR THE PLAINTIFFS |
|
Mr. Jeremy Bolger |
FOR THE DEFENDANTS |
SOLICITORS OF RECORD:
|
SPROULE, POLLACK Montreal, Quebec |
FOR THE PLAINTIFFS |
|
BORDEN, LADNER, GERVAIS Montreal, Quebec |
FOR THE DEFENDANTS |