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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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Coath v. The "Bruno Gerussi", 2002 FCT 385

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was an application for default judgment in personam and in rem. The Prothonotary granted the judgment in personam but refused the judgement in rem as the Statement of Claim had not been served on the vessel but instead had merely been given to the person in charge of the vessel. The Prothonotary noted that such service would only be …

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