Baldwin v. The "Jennifer Martha", 1997 CanLII 4912

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

This was an application to dismiss the underlying action for want of prosecution. The action involved a collision which had occurred on May 15, 1989, and the action was commenced on May 11, 1990. The Court cited the applicable test as being threefold: whether there has been inordinate delay, whether the delay is inexcusable, and whether the defendants are likely …

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Quinlan Brothers Limited v. The "Tricon Commander" et.al., No. T-2690-94 (F.C.T.D.)

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

In this matter the surety of a bail bond brought an application for their bond to be released. The action had been commenced and the Defendant ship arrested in November, 1984. Bail was posted in January 1986 and the ship was released from arrest the following month. Nine years then passed without any significant action being taken by either party. …

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Companhia Siderurgica Nacional v. The "Imperial Confidence", No.T-3083-94 (F.C.T.D.)

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

This was an ex parte motion by the Plaintiff to extend the time for service of the Statement of Claim. The Prothonotary extended the time for service in rem as the Defendant vessel had not been in the jurisdiction since the Statement of Claim was issued. However, the Court refused to extend the time for service in personam. The Prothonotary …

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Pennecon v. The "Jean Raymond", No T-1877-85 (F.C.T.D.)

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

This was a motion to dismiss a claim for want of prosecution. The claim had been filed in August, 1985. The Statement of Defence was not filed until November 1, 1989. On November 15, 1991, the Plaintiff filed a Notice of Intention to Proceed but no steps were taken. Various minor notices were sent over the next 4 years. In …

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