Mccain Produce v. Visser Potato Ltd.
Court headnote
Mccain Produce v. Visser Potato Ltd. Court (s) Database Federal Court Decisions Date 2001-09-05 Neutral citation 2001 FCT 994 File numbers T-793-00 Decision Content Date: 20010905 Docket: T-793-00 Neutral citation: 2001 FCT 994 Toronto, Ontario, Wednesday the 5th day of September, 2001 PRESENT: Peter A.K. Giles, Esquire Associate Senior Prothonotary BETWEEN: McCAIN PRODUCE INC. and R.L. SEALE & CO. LTD. Plaintiffs -and- VISSER POTATO LTD., NOVA LIGURIA SHIPPING CO. LTD., SEATRADE REEFER CHARTERING N.V., DAMMERS SHIPMANAGEMENT N.V., and THE VESSEL "M.V. NOVA LIGURIA", Her Owners and Charterers Defendants REASONS FOR ORDER AND ORDER GILES A.S.P.: [1] Before me is an ex parte motion by the Plaintiffs for judgment in default of defence against the Defendants Nova Liguria Shipping Co. Ltd., Dammers Shipmanagement N.V. and The Vessell "M.V. NOVA LIGURIA", Her Owners and Charterers; that is to say, some but not all of the Defendants. These Defendants were served and the certificate of the Government of the Netherlands was offered in proof. That certificate does not show what documents were served or where. [2] I am prepared for the purposes of this order to assume that the served document was a statement of claim and a summary of it in the Dutch language. It is much as service was affected by the good offices of a Ministry of the Government of the Netherlands, I assume also that the ship was not served in Canada. I can find no authority for the service of a ship outside Canada nor f…
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Mccain Produce v. Visser Potato Ltd. Court (s) Database Federal Court Decisions Date 2001-09-05 Neutral citation 2001 FCT 994 File numbers T-793-00 Decision Content Date: 20010905 Docket: T-793-00 Neutral citation: 2001 FCT 994 Toronto, Ontario, Wednesday the 5th day of September, 2001 PRESENT: Peter A.K. Giles, Esquire Associate Senior Prothonotary BETWEEN: McCAIN PRODUCE INC. and R.L. SEALE & CO. LTD. Plaintiffs -and- VISSER POTATO LTD., NOVA LIGURIA SHIPPING CO. LTD., SEATRADE REEFER CHARTERING N.V., DAMMERS SHIPMANAGEMENT N.V., and THE VESSEL "M.V. NOVA LIGURIA", Her Owners and Charterers Defendants REASONS FOR ORDER AND ORDER GILES A.S.P.: [1] Before me is an ex parte motion by the Plaintiffs for judgment in default of defence against the Defendants Nova Liguria Shipping Co. Ltd., Dammers Shipmanagement N.V. and The Vessell "M.V. NOVA LIGURIA", Her Owners and Charterers; that is to say, some but not all of the Defendants. These Defendants were served and the certificate of the Government of the Netherlands was offered in proof. That certificate does not show what documents were served or where. [2] I am prepared for the purposes of this order to assume that the served document was a statement of claim and a summary of it in the Dutch language. It is much as service was affected by the good offices of a Ministry of the Government of the Netherlands, I assume also that the ship was not served in Canada. I can find no authority for the service of a ship outside Canada nor for the service of a ship other than in an action in rem. The statement of claim is not styled in rem. [3] Because there has not been proper service on the ship the motion must be dismissed. The Plaintiffs have filed in their motion record copies of the defence of two of the Defendants who have defended. From them it is apparent that the claim arises from loss to a cargo and it is alleged that the bill of lading contained a clause which in effect required disputes to be arbitrated in Rotterdam pursuant to Dutch law. This point should be covered in any future motion as should the desirability of a judgment with a reference. ORDER 1. Motion dismissed. "Peter A.K. Giles" A.S.P. Toronto, Ontario September 5, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record COURT NO: T-793-00 STYLE OF CAUSE: McCAIN PRODUCE INC. and R.L. SEALE & CO. LTD. Plaintiffs -and- VISSER POTATO LTD., NOVA LIGURIA SHIPPING CO. LTD., SEATRADE REEFER CHARTERING N.V., DAMMERS SHIPMANAGEMENT N.V., and THE VESSEL "M.V. NOVA LIGURIA", Her Owners and Charterers Defendants CONSIDERED AT TORONTO, PURSUANT TO RULE 369 OF THE FEDERAL COURT RULES 1998. REASONS FOR ORDER AND ORDER BY: GILES A.S.P. DATED: WEDNESDAY, SEPTEMBER 5, 2001 WRITTEN SUBMISSIONS BY: Mr. John C.F. Hunt For the Plaintiffs Mr. Nigel H. Frawley For the Defendants SOLICITORS OF RECORD: BLACK, SUTHERLAND, CRABBE LLP Barristers & Solicitors 401 Bay Street Suite 2700, P.O. Box 101 Toronto, Ontario M5H 2Y4 For the Plaintiffs BORDEN LADNER GERVAIS LLP Barristers & Solicitors Scotia Plaza, 40 King Street West Toronto, Ontario M5H 3Y4 For the Defendants FEDERAL COURT OF CANADA Date: 20010905 Docket: T-793-00 Between: McCAIN PRODUCE INC. and R.L. SEALE & CO. LTD. Plaintiffs -and- VISSER POTATO LTD., NOVA LIGURIA SHIPPING CO. LTD., SEATRADE REEFER CHARTERING N.V., DAMMERS SHIPMANAGEMENT N.V., and THE VESSEL "M.V. NOVA LIGURIA", Her Owners and Charterers Defendants REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca