Intertech Marine Limited v. The “Nautica” et al.

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

This was an application by the Defendant to dismiss the Plaintiff’s action for delay or alternatively for security for costs. The motions Judge noted that there had been significant delay in moving the action forward and further noted that the Plaintiff had failed to comply with a number of court orders and directions. She referred to the decision of the Federal Court of Appeal in Sokolowska v Canada, [2004] FCJ No. 570, in which that court said; “Failure to comply with Orders or Directions from this Court and with the Rules of procedure as well as omission to provide a good justification for the delays and an action plan to speedily move the appeal forward justifies a dismissal of the appeal”. (Note the absence of a reference to “prejudice” in this test.) Notwithstanding this fairly strict test, the motions Judge did not dismiss the case but imposed very stringent conditions on the Plaintiff. The Judge then turned to the motion for security for costs. She noted that the Defendant had provided evidence of a number of outstanding judgements against the Plaintiff. She held however that this was not sufficient to obtain an order for security for costs. In addition, evidence was needed as to the assets of the Plaintiff.