Date: 20021101
Docket: T-1137-02
Neutral citation: 2002 FCT 1132
Montréal, Quebec, November 1, 2002
Before: RICHARD MORNEAU, PROTHONOTARY
Action in rem and in personam in admiralty against SUNSATION POWER CAT LTD., THE SHIP "SoSWEET" and THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET"
BETWEEN:
KENMONT MANAGEMENT INC.
Plaintiff
and
SUNSATION POWER CAT LTD.
THE SHIP "SoSWEET" and
THE OWNERS AND ALL PERSONS
HAVING AN INTEREST IN THE
SHIP "SoSWEET"
Defendants
REASONS FOR ORDER AND ORDER
[1] This motion by the plaintiff under Rule 106 is dismissed, with costs to follow, for two reasons.
[2] First, the motion is made in connection with a simplified action and I am not persuaded that it is proper to disregard the prohibition contained in Rule 298 here.
[3] Second, even if this Rule 298 were disregarded, I would have considered that the situation as the plaintiff sees it is not distinct enough in the evidence at this stage to warrant partial severance of the counterclaim.
[4] As mentioned earlier, therefore, the motion at bar must be dismissed, with costs to follow, subject to the plaintiff's right to bring a motion again at the time of the pre-trial conference if the situation requires it.
[5] The plaintiff will also have to serve and file its reply and defence to the counterclaim within 20 days of this order. The Court further notes that the defendants are not challenging the fact that the plaintiff may be represented on the theft aspect of the counterclaim by separate counsel.
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"Richard Morneau"
Prothonotary |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT OF CANADA TRIAL DIVISION
Date: 20021101
Docket: T-1137-02
Action in rem and in personam in admiralty against SUNSATION POWER CAT LTD., THE SHIP "SoSWEET" and THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET"
Between:
KENMONT MANAGEMENT INC.
Plaintiff
and
SUNSATION POWER CAT LTD. THE SHIP "SoSWEET" and THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET"
Defendants
REASONS FOR ORDER AND ORDER
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FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: T-1137-02
STYLE OF CAUSE: Action in rem and in personam in admiralty against SUNSATION POWER CAT LTD., THE SHIP "SoSWEET" and THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET"
BETWEEN: KENMONT MANAGEMENT INC.
Plaintiff
and
SUNSATION POWER CAT LTD.
THE SHIP "SoSWEET" and
THE OWNERS AND ALL PERSONS HAVING AN INTEREST IN THE SHIP "SoSWEET"
Defendants
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 28, 2002
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: November 1, 2002
APPEARANCES:
Christine Kark for the plaintiff
Jean-François Bilodeau
Robert Caron for the defendants
SOLICITORS OF RECORD:
Borden, Ladner, Gervais for the plaintiff
Montréal, Quebec
Flynn, Rivard for the plaintiff
Montréal, Quebec
Spiegel, Sohmer for the defendants
Montréal, Quebec