Gearbulk Pool Ltd. v. Scac Transport Canada Inc.
Court headnote
Gearbulk Pool Ltd. v. Scac Transport Canada Inc. Court (s) Database Federal Court Decisions Date 2002-01-15 Neutral citation 2002 FCT 42 File numbers T-447-01 Decision Content Date: 20020115 Docket: T-447-01 Neutral citation: 2002 FCT 42 Montreal, Quebec, January 15, 2002 Present: Richard Morneau, Esq., Prothonotary ADMIRALTY ACTION IN PERSONAM BETWEEN: GEARBULK POOL LIMITED Plaintiff and SCAC TRANSPORT CANADA INC. and SDV LOGISTICS (CANADA) INC. Defendants Motion on behalf of Plaintiff for the preliminary determination of a point of law, the whole with costs. [Rule 220 of the Federal Court Rules, 1998] REASONS FOR ORDER AND ORDER [1] As part of the pre-trial conference held in this simplified action, the Plaintiff on behalf of both parties moved the Court for the determination of a point of law, to wit, the scope of the Receipt, Release and Discharge agreed to by the Plaintiff and the Defendants on January 31, 2001 (the Release). [2] I agree specifically with the reasons found in paragraphs 1 to 5 of the Plaintiff's Reply to the Defendants' Motion Record, and generally with its approach to the case law as expressed therein. [3] Consequently, I am of the opinion that the Release does not bar the Plaintiff from pursuing its claim herein. [4] Once this order becomes final, the parties shall have thirty days to hold settlement discussions and, if those discussions fail, to request in writing the resumption of the pre-trial conference. [5] Costs of this motion go to the Plaintiff…
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Gearbulk Pool Ltd. v. Scac Transport Canada Inc. Court (s) Database Federal Court Decisions Date 2002-01-15 Neutral citation 2002 FCT 42 File numbers T-447-01 Decision Content Date: 20020115 Docket: T-447-01 Neutral citation: 2002 FCT 42 Montreal, Quebec, January 15, 2002 Present: Richard Morneau, Esq., Prothonotary ADMIRALTY ACTION IN PERSONAM BETWEEN: GEARBULK POOL LIMITED Plaintiff and SCAC TRANSPORT CANADA INC. and SDV LOGISTICS (CANADA) INC. Defendants Motion on behalf of Plaintiff for the preliminary determination of a point of law, the whole with costs. [Rule 220 of the Federal Court Rules, 1998] REASONS FOR ORDER AND ORDER [1] As part of the pre-trial conference held in this simplified action, the Plaintiff on behalf of both parties moved the Court for the determination of a point of law, to wit, the scope of the Receipt, Release and Discharge agreed to by the Plaintiff and the Defendants on January 31, 2001 (the Release). [2] I agree specifically with the reasons found in paragraphs 1 to 5 of the Plaintiff's Reply to the Defendants' Motion Record, and generally with its approach to the case law as expressed therein. [3] Consequently, I am of the opinion that the Release does not bar the Plaintiff from pursuing its claim herein. [4] Once this order becomes final, the parties shall have thirty days to hold settlement discussions and, if those discussions fail, to request in writing the resumption of the pre-trial conference. [5] Costs of this motion go to the Plaintiff. [6] For the purpose of rule 51(2), the Defendants shall have thirty (30) days from the date of this order. Richard Morneau Prothonotary FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: STYLE OF CAUSE: T-447-01 ADMIRALTY ACTION IN PERSONAM Between: GEARBULK POOL LIMITED Plaintiff and SCAC TRANSPORT CANADA INC. and SDV LOGISTICS (CANADA) INC. Defendants PLACE OF HEARING:Montreal, Quebec DATE OF HEARING:January 11, 2002 REASONS FOR ORDER OF RICHARD MORNEAU, ESQ., PROTHONOTARY DATED:January 15, 2002 APPEARANCES: Mr. Peter Pamel Ms. Christine Kark for Plaintiff Mr. Jean-Marie Fontaine for Defendants SOLICITORS OF RECORD: Borden Ladner Gervais Montreal, Quebec for Plaintiff Gowling Lafleur Henderson Montreal, Quebec for Defendants
Source: decisions.fct-cf.gc.ca