Krupp Presta A.G. v. Cast Power (The)

Krupp Presta A.G. v. Cast Power (The)
Court (s) Database
Federal Court Decisions
Date
2002-11-29
Neutral citation
2002 FCT 1243
File numbers
T-1948-01
Decision Content
Date: 20021129
Docket: T-1948-01
Neutral citation: 2002 FCT 1243
Montréal, Quebec, November 29, 2002
Before: Richard Morneau, Prothonotary
ADMIRALTY ACTION IN REM AND IN PERSONAM
BETWEEN:
KRUPP PRESTA A.G.
and
TRANS-OVERSEAS CORPORATION
and
KRUPP HOECHT AUTOMOTIVE OF AMERICA INC.
and
ALL PERSONS HAVING AN INTEREST
IN FREIGHT TRANSPORTED ON
THE M.V. "CAST POWER"
Plaintiffs
and
CAST LINE LTD.
and
CANADA MARITIME LTD.
and
THE OWNERS AND CHARTERERS OF
THE SHIP "CAST POWER"
and
THE SHIP "CAST POWER"
Defendants
Motion by plaintiffs for extension of time to serve their statement of claim on the ship "Cast Power".
[Rules 8 and 203 of the Federal Court Rules (1998)]
REASONS FOR ORDER AND ORDER
[1] This motion is dismissed with costs to the defendants Cast Line Ltd., since the very events referred to in paras. 4 and 5 of the notice of motion at bar, namely filing of the defence of Cast Line Ltd. on November 6, 2001, and discontinuance of the claim against the third party Michigan Transport Inc. in February 2002, were such as to make the plaintiffs serve their action at once on the ship "Cast Power". The delay which has elapsed since November 6, 2001, and the lack of any evidence of a continuing intention by the plaintiffs to sue the ship at issue mean that it is not in the interests of justice to grant the extension sought. (See Registered Public Accountants Association of Alberta v. Society of Professional Accountants of Canada et al. (2000), 5 C.P.R. (4th) 527.)
"Richard Morneau"
Prothonotary
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20021129
Docket: T-1948-01
ADMIRALTY ACTION IN REM AND IN PERSONAM
Between:
KRUPP PRESTA A.G. and
TRANS-OVERSEAS CORPORATION and
KRUPP HOECHT AUTOMOTIVE OF AMERICA INC. and
ALL PERSONS HAVING AN INTEREST
IN FREIGHT TRANSPORTED ON
THE M.V. "CAST POWER"
Plaintiffs
and
CAST LINE LTD. and
CANADA MARITIME LTD. and
THE OWNERS AND CHARTERERS OF
THE SHIP "CAST POWER" and
THE SHIP "CAST POWER"
Defendants
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
FILE: T-1948-01
STYLE OF CAUSE: ADMIRALTY ACTION IN REM AND IN PERSONAM
Between:
KRUPP PRESTA A.G. and
TRANS-OVERSEAS CORPORATION and
KRUPP HOECHT AUTOMOTIVE OF AMERICA INC. and
ALL PERSONS HAVING AN INTEREST
IN FREIGHT TRANSPORTED ON
THE M.V. "CAST POWER"
Plaintiffs
and
CAST LINE LTD. and
CANADA MARITIME LTD. and
THE OWNERS AND CHARTERERS OF
THE SHIP "CAST POWER" and
THE SHIP "CAST POWER"
Defendants
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November 25, 2002
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: November 29, 2002
APPEARANCES:
Jean-Marie Fontaine for the plaintiffs
Pierre G. Côté for the defendants
SOLICITORS OF RECORD:
Gowling, Lafleur, Henderson for the plaintiffs
Montréal, Quebec
Ogilvy Renault for the defendants
Montréal, Quebec