Adecon Ship Management Inc. v. Cuba

Adecon Ship Management Inc. v. Cuba
Court (s) Database
Federal Court Decisions
Date
2001-02-01
Neutral citation
2001 FCT 1
File numbers
T-267-00
Decision Content
Federal Court of Canada
Trial Division
1Section de première instance de
la Cour fédérale du Canada
Docket T-267-00
Citation: 2001 FCT 1
Ottawa, Ontario, this 1st day of February 2001
PRESENT: THE HONOURABLE MR. JUSTICE LEMIEUX
ADMIRALTY ACTION IN REM AND IN PERSONAM
BETWEEN:
ADECON SHIP MANAGEMENT INC.
Plaintiff
and
THE GOVERNMENT OF THE REPUBLIC OF CUBA, THE MINISTRY OF
FISHING INDUSTRY AND MERCHANT MARINE (MINISTERIO DE LA INDUSTRIA PESQUERA Y MARINA MERCANTE), THE MINISTRY OF TRANSPORT, ASSOCIATION DE NAVIERAS D E CUBA, EMPRESA NAVEGACION MAMBISA, and NAVIERA POSEIDON, O.E.E.
Defendants
(In Personam)
and
THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSELS M/V CALIX, M/V AJANA (ex CARIBBEAN QUEEN), M/V GABYANA (ex CARIBBEAN PRINCESS), M/V AVON, M/V LOTUS ISLANDS, M/V LILAC ISLANDS, M/V ODELYS (ex ROSE ISLANDS), M/V RIO YATERAS, M/V RIO CUYAGUATEJE, M/V RIO NAJASA, M/V LILIET, M/V SANTANITA, M/V ANACAONA, M/V GUARIONEX, M/V DAIQUIRI, M/V CAJIO, M/V MINAS DEL FRIO, M/V GRAN PIEDRA, M/V MAGNOLIA REEFER, AND M/V BOLIVAR
Defendants
(In Rem)
-2-
ORDER AND REASONS FOR ORDER
I agree to a reconsideration of this matter, namely, my order of December 21, 2000 dismissing this action for delay because I did not have the plaintiff's response. When I made that order, I was unaware the plaintiff had made submissions which were not in the file.
In the circumstances, my December 21, 2000 order is set aside. The plaintiff is at liberty to bring a motion for default judgment under Rule 369 but should serve all defendants as it is not sufficient to have only served Ms. Strickland who acted only for the ship "Rio Cuyaguateje".
François Lemieux
J U D G E