Kenmont Management Inc. v. SoSweet (Ship)
Court headnote
Kenmont Management Inc. v. SoSweet (Ship) Court (s) Database Federal Court Decisions Date 2002-11-01 Neutral citation 2002 FCT 1132 File numbers T-1137-02 Decision Content Date: 20021101 Docket: T-1137-02 Neutral citation: 2002 FCT 1132 Montréal, Quebec, November 1, 2002 Before: RICHARD MORNEAU, PROTHONOTARY Action in rem and in personam in admiralty against SUNSATION POWER CAT LTD., THE SHIP "SoSWEET" and THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET" BETWEEN: KENMONT MANAGEMENT INC. Plaintiff and SUNSATION POWER CAT LTD. THE SHIP "SoSWEET" and THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET" Defendants REASONS FOR ORDER AND ORDER [1] This motion by the plaintiff under Rule 106 is dismissed, with costs to follow, for two reasons. [2] First, the motion is made in connection with a simplified action and I am not persuaded that it is proper to disregard the prohibition contained in Rule 298 here. [3] Second, even if this Rule 298 were disregarded, I would have considered that the situation as the plaintiff sees it is not distinct enough in the evidence at this stage to warrant partial severance of the counterclaim. [4] As mentioned earlier, therefore, the motion at bar must be dismissed, with costs to follow, subject to the plaintiff's right to bring a motion again at the time of the pre-trial conference if the situation requires it. [5] The plaintiff will also have to serve and file its reply and defence to the counterclaim within 20 day…
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Kenmont Management Inc. v. SoSweet (Ship) Court (s) Database Federal Court Decisions Date 2002-11-01 Neutral citation 2002 FCT 1132 File numbers T-1137-02 Decision Content Date: 20021101 Docket: T-1137-02 Neutral citation: 2002 FCT 1132 Montréal, Quebec, November 1, 2002 Before: RICHARD MORNEAU, PROTHONOTARY Action in rem and in personam in admiralty against SUNSATION POWER CAT LTD., THE SHIP "SoSWEET" and THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET" BETWEEN: KENMONT MANAGEMENT INC. Plaintiff and SUNSATION POWER CAT LTD. THE SHIP "SoSWEET" and THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET" Defendants REASONS FOR ORDER AND ORDER [1] This motion by the plaintiff under Rule 106 is dismissed, with costs to follow, for two reasons. [2] First, the motion is made in connection with a simplified action and I am not persuaded that it is proper to disregard the prohibition contained in Rule 298 here. [3] Second, even if this Rule 298 were disregarded, I would have considered that the situation as the plaintiff sees it is not distinct enough in the evidence at this stage to warrant partial severance of the counterclaim. [4] As mentioned earlier, therefore, the motion at bar must be dismissed, with costs to follow, subject to the plaintiff's right to bring a motion again at the time of the pre-trial conference if the situation requires it. [5] The plaintiff will also have to serve and file its reply and defence to the counterclaim within 20 days of this order. The Court further notes that the defendants are not challenging the fact that the plaintiff may be represented on the theft aspect of the counterclaim by separate counsel. "Richard Morneau" Prothonotary Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20021101 Docket: T-1137-02 Action in rem and in personam in admiralty against SUNSATION POWER CAT LTD., THE SHIP "SoSWEET" and THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET" Between: KENMONT MANAGEMENT INC. Plaintiff and SUNSATION POWER CAT LTD. THE SHIP "SoSWEET" and THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET" Defendants REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE: T-1137-02 STYLE OF CAUSE: Action in rem and in personam in admiralty against SUNSATION POWER CAT LTD., THE SHIP "SoSWEET" and THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET" BETWEEN: KENMONT MANAGEMENT INC. Plaintiff and SUNSATION POWER CAT LTD. THE SHIP "SoSWEET" and THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET" Defendants PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 28, 2002 REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY DATED: November 1, 2002 APPEARANCES: Christine Kark for the plaintiff Jean-François Bilodeau Robert Caron for the defendants SOLICITORS OF RECORD: Borden, Ladner, Gervais for the plaintiff Montréal, Quebec Flynn, Rivard for the plaintiff Montréal, Quebec Spiegel, Sohmer for the defendants Montréal, Quebec
Source: decisions.fct-cf.gc.ca