This was a motion for production of documents. The significant issue in the motion was whether production of documents under the Federal Court Rules, 1998 was wider than under the old rules. The Prothonotary reviewed Rules 223(1) and 222(2) and determined that the definition of relevancy under the new rules was, if anything, narrower than under the old rules. Nevertheless, …
Full SummaryNorth Shore Health Region v. Cosmos Shipping Lines, [1999] 1 FC 583
This was an appeal of a decision by the Prothonotary in which the Prothonotary upheld personal service of a Statement of Claim on solicitors as business agents for the Defendant. The facts were that a crew member of one of the Defendant’s vessels was seriously injured at Vancouver. The crew member was hospitalized. His medical bills were sent to the …
Full SummaryThe Governor and Company of the Bank of Scotland v. The "Nel", 1998 CanLII 8628 (FC)
This was an application to strike out the affidavit of claim of the Plaintiff on the grounds that proper production of documents had not been made or, in the alternative, an order for production. During the course of his reasons the Prothonotary noted that a cross examination on an affidavit is not as free ranging as an examination for discovery …
Full SummaryAbitibi-Price Sales v. C.V. The "Bontegracht", 1998 CanLII 8562
This was an appeal from a decision of a Prothonotary. The Statement of Claim had been issued on July 11, 1997. On August 14, 1998, after the Statement of Claim had expired, the Plaintiff obtained a Warrant of Arrest and threatened to arrest the "Bontegracht" at Baie Comeau, Quebec. The Defendants provided a letter of undertaking to prevent the arrest. …
Full SummaryJean v. The "Capitaine Duval", 1998 CanLII 8435
This was a motion for solicitor client costs. The applicants had been successful in a prior motion to strike the Statement of Claim on the grounds that it was outside the jurisdiction of the court. The motions judge granted increased costs in the amount of $20,000.00. The motions judge said he was satisfied that there had been misconduct on the …
Full SummaryWestwood Shipping Lines v. Geo International et.al, 1998 CanLII 8531
In this matter the Defendant was found to have converted three containers of hikers shoes and was ordered to pay into court a substantial sum. When the Defendant failed to pay the money into court, the Plaintiff brought a motion for a writ of sequestration against the property of the President of the Defendant. The Plaintiff’s initial motion was refused …
Full SummaryPorto Seguro Companhia De Seguros Gerais v. Belcan S.A. et.al., 1998 CanLII 8255
This was an appeal from a decision of the Prothonotary in which the Prothonotary refused to pay out money paid into court as security for costs. The Plaintiff’s action against the Defendant had been dismissed at trial. The Plaintiff appealed to the Federal Court of Appeal and the appeal was dismissed. The Plaintiff further appealed to the Supreme Court of …
Full SummaryNorth Star Ship Chandler Inc. v. The Giuseppe Di Vittorio, 1998 CanLII 8040
This was a motion to dismiss the action in rem and set aside the arrest of a sistership. The Defendant maintained that the alleged sistership, the "Lynx", had a different owner from the "Giuseppe Di Vittorio", the ship was the subject of the action. The Defendant relied on the Lloyd’s List of Shipowners and Monthly Supplement which showed Black Sea …
Full SummaryMitsui & Co. v. The "Evelyn", 1998 CanLII 5872 (BC SC)
This was an application to stay proceedings in British Columbia in favour of Japan. The action was for damage to a cargo of coils shipped from Japan to British Columbia. The Defendants relied upon a jurisdiction clause in the bills of lading selecting the Tokyo District Court as the appropriate forum. The motions judge followed well established case law to …
Full SummaryCanadian Pacific Forest Products v. Termar Navigation Co. Inc., No.T-1719-91 (F.C.T.D.)
This was a motion for costs by the successful Plaintiff. The Plaintiff sought costs assessed on a solicitor,client basis or, in the alternative in accordance with the maximum number of units under Column IV of Part II Tariff B and a doubling of the counsel fee as a result of offers to settle. The claim for solicitor client costs was …
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