Archamax Corp. v. St Lawrence Seaway Authority
Court headnote
Archamax Corp. v. St Lawrence Seaway Authority Court (s) Database Federal Court Decisions Date 2002-03-14 Neutral citation 2002 FCT 283 File numbers T-1272-98 Decision Content Date: 20020314 Docket: T-1272-98 Neutral citation: 2002 FCT 283 Montreal, Quebec, March 14, 2002 Present: Richard Morneau, Esq., Prothonotary ADMIRALTY ACTION IN REM AND IN PERSONAM BETWEEN: ARCHAMAX CORPORATION Plaintiff and THE ST. LAWRENCE SEAWAY AUTHORITY, UPPER LAKES SHIPPING LIMITED, THE VESSEL "CANADIAN EXPLORER" and THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSELS "CANADIAN CENTURY", "CANADIAN ENTERPRISE", "CANADIAN EXPLORER", "CANADIAN LEADER", "CANADIAN MARINER", "CANADIAN MINER", "CANADIAN NAVIGATOR", "CANADIAN OLYMPIC", "CANADIAN PROGRESS", "CANADIAN PROSPECTOR", "CANADIAN PROVIDER", "CANADIAN RANGER", "CANADIAN TRANSPORT", "CANADIAN VOYAGER", "HAMILTON TRANSFER", "JAMES NORRIS", "MONTREALAIS", "QUEBECOIS", and "SEAWAY QUEEN" Defendants Motion by Plaintiff for the inspection of property and the conducting of an experiment on the property. [Rules 249 and 369 of the Federal Court Rules, 1998] REASONS FOR ORDER AND ORDER RICHARD MORNEAU, ESQ., PROTHONOTARY: [1] Upon reviewing the parties' motion records filed with respect to the motion at bar, I am satisfied that this motion can be dealt with in writing and that it shall be rejected with costs for the following reasons. [2] First, I do believe that the grounds raised in support of the motion ought to have been properly addressed as evidence …
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Archamax Corp. v. St Lawrence Seaway Authority Court (s) Database Federal Court Decisions Date 2002-03-14 Neutral citation 2002 FCT 283 File numbers T-1272-98 Decision Content Date: 20020314 Docket: T-1272-98 Neutral citation: 2002 FCT 283 Montreal, Quebec, March 14, 2002 Present: Richard Morneau, Esq., Prothonotary ADMIRALTY ACTION IN REM AND IN PERSONAM BETWEEN: ARCHAMAX CORPORATION Plaintiff and THE ST. LAWRENCE SEAWAY AUTHORITY, UPPER LAKES SHIPPING LIMITED, THE VESSEL "CANADIAN EXPLORER" and THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSELS "CANADIAN CENTURY", "CANADIAN ENTERPRISE", "CANADIAN EXPLORER", "CANADIAN LEADER", "CANADIAN MARINER", "CANADIAN MINER", "CANADIAN NAVIGATOR", "CANADIAN OLYMPIC", "CANADIAN PROGRESS", "CANADIAN PROSPECTOR", "CANADIAN PROVIDER", "CANADIAN RANGER", "CANADIAN TRANSPORT", "CANADIAN VOYAGER", "HAMILTON TRANSFER", "JAMES NORRIS", "MONTREALAIS", "QUEBECOIS", and "SEAWAY QUEEN" Defendants Motion by Plaintiff for the inspection of property and the conducting of an experiment on the property. [Rules 249 and 369 of the Federal Court Rules, 1998] REASONS FOR ORDER AND ORDER RICHARD MORNEAU, ESQ., PROTHONOTARY: [1] Upon reviewing the parties' motion records filed with respect to the motion at bar, I am satisfied that this motion can be dealt with in writing and that it shall be rejected with costs for the following reasons. [2] First, I do believe that the grounds raised in support of the motion ought to have been properly addressed as evidence through an affidavit of a person other than counsel arguing the matter, or by some other acceptable means, such as an exhibit annexed to an affidavit by such a person. [3] Secondly, I am not reasonably satisfied that the Plaintiff has demonstrated that pressure of the water flow emanating from the culvert cannot be ascertained, as an effective and efficient means, through the use and analysis of the information and explanations given to it by the Defendant during the discovery process. [4] Therefore, this motion is dismissed with costs. Richard Morneau Prothonotary FEDERAL COURT OF CANADA TRIAL DIVISION Date : 20020314 Docket : T-1272-98 Admiralty action in rem and in personam BETWEEN: ARCHAMAX CORPORATION Plaintiff and THE ST. LAWRENCE SEAWAY AUTHORITY and UPPER LAKES SHIPPING LIMITED and THE VESSEL "CANADIAN EXPLORER" and THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSELS "CANADIAN CENTURY", "CANADIAN ENTERPRISE", "CANADIAN EXPLORER", "CANADIAN LEADER", "CANADIAN MARINER", "CANADIAN MINER", "CANADIAN NAVIGATOR", "CANADIAN OLYMPIC", "CANADIAN PROGRESS", "CANADIAN PROSPECTOR", "CANADIAN PROVIDER", "CANADIAN RANGER", "CANADIAN TRANSPORT", "CANADIAN VOYAGER", "HAMILTON TRANSFER", "JAMES NORRIS", "MONTREALAIS", "QUEBECOIS", and "SEAWAY QUEEN" Defendants REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: STYLE OF CAUSE: T-1272-98 Admiralty action in rem and in personam Between: ARCHAMAX CORPORATION Plaintiff and THE ST. LAWRENCE SEAWAY AUTHORITY and UPPER LAKES SHIPPING LIMITED and THE VESSEL "CANADIAN EXPLORER" and THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSELS "CANADIAN CENTURY", "CANADIAN ENTERPRISE", "CANADIAN EXPLORER", "CANADIAN LEADER", "CANADIAN MARINER", "CANADIAN MINER", "CANADIAN NAVIGATOR", "CANADIAN OLYMPIC", "CANADIAN PROGRESS", "CANADIAN PROSPECTOR", "CANADIAN PROVIDER", "CANADIAN RANGER", "CANADIAN TRANSPORT", "CANADIAN VOYAGER", "HAMILTON TRANSFER", "JAMES NORRIS", "MONTREALAIS", "QUEBECOIS", and "SEAWAY QUEEN" Defendants WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ORDER OF: Richard Morneau, Esq., Prothonotary DATED: March 14, 2002 WRITTEN OBSERVATIONS BY: Mr. Peter G. Pamel FOR PLAINTIFF Mr. Robin Carter SOLICITORS OF RECORD: Borden Ladner Gervais Montreal, Quebec FOR PLAINTIFF Fasken Martineau Dumoulin Toronto, Ontario FOR DEFENDANTS UPPER LAKES SHIPPING LIMITED, CANADIAN EXPLORER ET AL. Mr. Morris Rosenberg Deputy Attorney General of Canada FOR DEFENDANT THE ST. LAWRENCE SEAWAY AUTHORITY
Source: decisions.fct-cf.gc.ca