Shell Canada Energy v. General MPP Carriers, 2011 FC 217

In Admiralty Practice, Service on (Updated )

This was an application by the owner of one of the defendant ships to set aside service and a corollary application to amend the Statement of Claim. The plaintiff had filed a Statement of Claim for damage to cargo on the last day of the one year limitation period. The Statement of Claim included the ship as a defendant but …

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Arrow Corporation Inc. v. The "Sea Tiger" et al., 2004 FC 1502

In Admiralty Practice, Service on (Updated )

This was an application to extend time for service of a Statement of Claim on one of the Defendants. The facts were that the Plaintiff had provided the Defendant with a copy of the Statement of Claim shortly after it was issued and later asked the Defendant to acknowledge service. The Defendant did not acknowledge service so the Plaintiff arranged …

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Finlandia Cheese Inc. v. Shoreline Shipping SA et al., 2003 FC 9

In Admiralty Practice, Service on (Updated )

In this matter the Prothonotary granted the Plaintiff an extension of time within which to serve its Statement of Claim and validated service by mail. The facts were that the Plaintiff had mailed the Statement of Claim to the Defendant but the Defendant had changed its address without advising the Plaintiff. When the Plaintiff became aware of the change of …

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McCain Produce Inc. v. Visser Potato Ltd., 2001 FCT 994

In Admiralty Practice, Service on (Updated )

This was an ex parte motion by the Plaintiff for judgment in default of defence against the Defendant ship and her owners. The Defendants, including the ship, were apparently served in the Netherlands and a certificate of the Government of the Netherlands was offered in proof of service. Although the certificate did not indicate what was served or where the …

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North Shore Health Region v. Cosmos Shipping Lines, [1999] 1 FC 583

In Admiralty Practice, Service on (Updated )

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 …

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458093 B.C. Ltd. v. The "Zomby Woof", 1998 CanLII 7231

In Admiralty Practice, Service on (Updated )

It is generally thought that there can not be substitutional service on a ship of an in rem Statement of Claim or Warrant for arrest. However, there are exceptions to even the most steadfast rules, as this case demonstrates. We can do no better but to introduce this case using the words of Prothonotary Hargrave. The Plaintiff applies, ex parte, …

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Reano v. The "Jennie W", 1997 CanLII 5907

In Admiralty Practice, Service on (Updated )

This was an appeal from the dismissal of a motion to set aside a default judgement. The action was for wages and expenses. The action was commenced in May 1996. The Statement of Claim did not contain the required endorsement in Form 4. The Statement of Claim and Warrant of arrest were served on the ship on May 28, 1996. …

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Elders Grain Company Limited v. The Ralph Misener, 1997 CanLII 17695

In Admiralty Practice, Service on (Updated )

In this matter an In Rem Statement of Claim was served upon a ship by delivering a copy of the Statement of Claim to the Master on board the ship. The issue was whether such service was valid service under Rule 1002 which specifically provides that service on a ship is to be effected by attaching a copy of the …

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Valmet Paper Machinery Inc. v. Hapag-Lloyd AG et.al., 1996 CanLII 1497 (BC SC)

In Admiralty Practice, Service on (Updated )

This was an application by the Defendant freight forwarder to set aside service ex juris of the Statement of Claim and for an order staying the action on the basis of a jurisdiction clause. On the first point the Court found that the Plaintiff had established a good arguable case that the Defendant’s contractual obligation was as a common carrier …

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