Date: 20020408
Docket: T-123-00
Neutral citation: 2002 FCT 407
Montréal, Quebec, April 8, 2002
Before: Richard Morneau, Prothonotary
ADMIRALTY ACTION IN REM AND IN PERSONAM
BETWEEN:
ROXFORD ENTERPRISES S.A.
Plaintiff
and
THE GOVERNMENT OF THE REPUBLIC OF CUBA,
THE MINISTRY OF FISHING INDUSTRY AND MERCHANT MARINE
(MINISTERIO DE LA INDUSTRIA PESQUERA Y MARINA MERCANTE),
THE MINISTRY OF TRANSPORT, EMPRESA NAVEGACION MAMBISA
and NAVIERA POSEIDON, O.E.E.
Defendants (In Personam)
and
THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSELS M/V CALIX,
M/V AJANA (ex CARIBBEAN QUEEN), M/V GABYANA (ex CARIBBEAN PRINCESS), M/V AVON, M/V LOTUS ISLANDS, M/V LILAC ISLANDS, M/V AGATHE ISLANDS, M/V WEST ISLANDS, M/V ODELYS (ex ROSE ISLANDS), M/V SOUTH ISLANDS, M/V EAST ISLANDS, M/V TEPHYS, M/V RIO YATERAS, M/V ANACOANA, M/V GUARIONEX, M/V DAJQUIRI, M/V CAJIO, M/V MINAS DEL FRIO, M/V GRAN PIEDRA AND M/V MAGNOLIA REEFER
Defendants (In Rem)
and
NATIONAL BANK OF CANADA
Garnishee/Charged Party
and
INTERNATIONAL AIR TRANSPORT ASSOCIATION
Garnishee/Charged Party
and
CUBANA TOURS
Garnishee/Charged Party
and
A. NASH TRAVEL INC.
Garnishee/Charged Party
Motion on behalf of the Plaintiff for an Order:
1. for Directions from the Prothonotary allowing the Plaintiff to conduct cross-examinations on affidavits with respect to the various Negative Declarations filed by the Garnishees/Charged parties;
2. varying the third paragraph of the Order dated September 27, 2001, to allow for cross-examination on the Garnishee Declaration;
3. varying the Order dated September 27, 2001, and lifting the stay that had been placed on the present proceedings involving the Garnishees/Charged parties.
(Rules 3, 54 and 399 of the Federal Court Rules, 1998)
REASONS FOR ORDER AND ORDER
[1] The application to lift the stay imposed by the order of September 27, 2001, is denied without costs, as its purpose is to permit examination of the garnishees against the CAI, an institution or entity not expressly mentioned in the order of September 27, 2001. The extension of judicial debtors to a greater list than that covered in the order of September 27, 2001, is an exercise or conclusion which is currently being argued on appeal. We must await the final outcome on this point before importing the said conclusion so as to widen the list of judicial debtors. This order is applicable mutatis mutandis to case T-267-00.
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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: 20020408
Docket: T-123-00 BETWEEN : ROXFORD ENTERPRISES S.A. Plaintiff and
THE GOVERNMENT OF THE REPUBLIC OF CUBA, THE MINISTRY OF FISHING INDUSTRY AND MERCHANT MARINE (MINISTERIO DE LA INDUSTRIA PESQUERA Y MARINA MERCANTE), THE MINISTRY OF TRANSPORT, EMPRESA NAVEGACION MAMBISA and NAVIERA POSEIDON, O.E.E. Defendants (In Personam)
and
THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSELS M/V CALIX, M/V AJANA (ex CARIBBEAN QUEEN), M/V GABYANA (ex CARIBBEAN PRINCESS), M/V AVON, M/V LOTUS ISLANDS, M/V LILAC ISLANDS, M/V AGATHE ISLANDS, M/V WEST ISLANDS, M/V ODELYS (ex ROSE ISLANDS), M/V SOUTH ISLANDS, M/V EAST ISLANDS, M/V TEPHYS, M/V RIO YATERAS, M/V ANACOANA, M/V GUARIONEX, M/V DAJQUIRI, M/V CAJIO, M/V MINAS DEL FRIO, M/V GRAN PIEDRA AND M/V MAGNOLIA REEFER
Defendants (In Rem) and NATIONAL BANK OF CANADA Garnishee/Charged Party and INTERNATIONAL AIR TRANSPORT ASSOCIATION Garnishee/Charged Party and CUBANA TOURS Garnishee/Charged Party
and A. NASH TRAVEL INC. Garnishee/Charged Party
REASONS FOR ORDER AND ORDER
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FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
FILE: T-123-00
STYLE OF CAUSE: ROXFORD ENTERPRISES S.A.
v. THE GOVERNMENT OF THE REPUBLIC OF CUBA ET AL.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 8, 2002
REASONS FOR ORDER AND ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: April 8, 2002
APPEARANCES:
Jean-Marie Fontaine FOR THE PLAINTIFF
Martin Sheenan FOR THE GARNISHEES
Air Canada, Air Transat,
Canada 3000
SOLICITORS OF RECORD:
Gowling, Lafleur, Henderson FOR THE PLAINTIFF
Montréal, Quebec
Fasken, Martineau, Dumoulin FOR THE GARNISHEES
Montréal, Quebec Air Canada, Air Transat,
Canada 3000
Stewart, McKelvey, Stirling, Scales FOR THE DEFENDANT
St. John's, Newfoundland The owners of the M.V. "Rio Cuyaguateje" Pesquera Cuyagua S.A. and the Rio Guyaguateje
Brisset, Bishop FOR THE GARNISHEE
Montréal, Quebec Galax
Desjardins, Ducharme, Stein, Monast FOR THE GARNISHEE
Montréal, Quebec National Bank of Canada
Flynn, Rivard FOR THE GARNISHEE
Montréal, Quebec Carib Sol & Hola Sun
Heenan, Blaikie FOR National Bank of Cuba
Montréal, Quebec
Spiegel, Sohmer FOR THE MOVING PARTY
Montréal, Quebec Cubana de Aviacion S.A.
FOR THE GARNISHEE
Cubana Airlines
Gowling, Lafleur, Henderson FOR THE GARNISHEE
Montréal, Quebec Caribex SeaFood Limited