Parrish & Heimbecker Limited v. The “Mapleglen” et al.

In Admiralty Practice, Delay and Time Extensions on (Updated )

This was an application by the Plaintiff to adjourn the trial which was scheduled to commence in approximately two months time. The underlying action concerned short delivery of a cargo of grain. The reason for the requested adjournment was that the Plaintiff had recently obtained scale tickets from the discharging terminal which indicated that the discharging terminal might be responsible for the shortage and should be added as a Defendant. The Prothonotary refused the request for the adjournment noting that an adjournment in the Federal Court required exceptional circumstances. The Prothonotary did not consider the circumstances exceptional since the Defendants had repeatedly asked for the scale tickets from the discharge terminal and the Plaintiff had refused to obtain and provide them. The Prothonotary considered that the Plaintiff had brought the present difficulties upon itself.