Scanwell International Inc. v. Scanwell Freight Express Canada Inc., docket T-1254-98

Date: 19980713

Docket: T-1254-98

BETWEEN :

SCANWELL INTERNATIONAL INC.,

SCANWELL FREIGHT EXPRESS (HK) LIMITED,

     SCANWELL CONTAINER LINES (HK) LIMITED, AND

     ADAM HASSAN

     Plaintiffs

     AND

     SCANWELL FREIGHT EXPRESS CANADA INC.,

     SCANWELL CONTAINER LINES CANADA INC., AND

     BUYERS CONSOLIDATORS EXPRESS

    

     Defendants

     ORDER AND REASONS FOR ORDER

ROULEAU J.

[1]      WHEREAS this matter came before me at Montreal on July 13, 1998; and

[2]      WHEREAS it was disclosed to the Court that the parties are involved in other proceedings in the Superior Court of the Province of Quebec; and

[3]      WHEREAS the Court has tentatively set aside August 17 and 18 at Ottawa for the hearing of the interim injunction proceedings; and

[4]      WHEREAS the application I heard this day was primarily to order the Plaintiffs to post security for costs; and

[5]      WHEREAS it was agreed that there nevertheless was ongoing negotiations between the parties in an attempt to arrive at a solution without having recourse to the Court; and

[6]      WHEREAS because of the imminent matter is to be heard August 17 and 18, 1998 at Ottawa; and

[7]      WHEREAS the Defendants acknowledged that they were served with the Statement of Claim on June 30, 1998 but have yet to file a Statement of Defence;

IT IS HEREBY ORDERED:

1.      That if by July 22, 1998 the parties herein have not resolved their differences, the Plaintiffs shall deposit security for costs in the amount of 50,000.00$ by July 27, 1998;

2.      That by July 22, 1998 the parties shall advise the Court Administrator at Ottawa if they are to proceed with the application for interim injunction relief on August 17 and 18, 1998;

3.      Should it be agreed that the hearing scheduled for 17 and 18 of August 1998 at Ottawa is not proceeding, my order as to security for costs shall remain in abeyance until such time as the Plaintiffs initiate further steps in the litigation;

4.      That any further proceedings initiated by the Plaintiffs shall resurrect my order for security for costs and they shall be paid into Court forthwith;

5.      Upon the payment into Court for security for costs, the Defendants shall be allowed 7 days from the date of payment in to file their Statement of Defence.

Montreal, Quebec      Paul U.C. Rouleau

July 13, 1998      Judge

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS ON THE RECORD

COURT FILE NO.:      T-1254-98

STYLE OF CAUSE:      SCANWELL INTERNATIONAL INC.,

ET AL

    

         Plaintiffs

     AND

    

SCANWELL FREIGHT EXPRESS CANADA INC.

     ET AL

     Defendants

        

PLACE OF HEARING:      Montreal (Quebec)

DATE OF HEARING:      July 13, 1998

REASONS FOR JUDGMENT OF ROULEAU, J.

DATED:      July 13, 1998

APPEARANCES:

Mrs. Andrea Sterling      for the Plaintiffs

Mr. Louis Buteau      for the Defendants

     (Scanwell Freight Express Canada Inc. and

     Scanwell Container Lines Canada Inc.)

SOLICITORS OF RECORD:

PATERSON, MacDOUGALL

Toronto (Ontario)      for the Plaintiffs

SPROULE, CASTONGUAY, POLLACK

Montreal (Quebec)      for the Defendants

     (Scanwell Freight Express Canada Inc. and

     Scanwell Container Lines Canda Inc.)