Vilhena Shipping Ltd. v. Agro-Hall Ltd., 2002 FCT 984

Date: 20020920

Docket: T-890-02

Neutral citation: 2002 FCT 984

Between:

VILHENA SHIPPING LTD.

Plaintiff

- and -

AGRO-HALL LTD.

Defendant

REASONS FOR ORDER

PINARD J.

[1]        This is a motion by counsel for the defendant for an order to dismiss the plaintiff's action pursuant to Rule 221(1)(b), (c), (d), (e) and (f) of the Federal Court Rules (1998), SOR/98-106, or alternatively, to stay the plaintiff's action pursuant to s. 50 of the Federal Court Act, R.S.C. 1985, c. F-7, and award the defendant costs on a solicitor-client basis.

[2]        In view of the written and oral submissions of counsel for the parties;

[3]        In view of the pleadings and evidence in the record;

[4]        Whereas there is a genuine relationship between the action at bar and the action initiated by the plaintiff before the Tribunal de commerce in Paris;

[5]        Whereas the latter remedy involves additional parties sued jointly and severally with the defendant;

[6]        In view of the application to discontinue the latter action, in respect of the defendant only, made by the plaintiff in the Tribunal de commerce in Paris;

[7]        In view of the apparently contentious nature of this application to discontinue, which is to be considered by the latter tribunal in November 2002;

[8]        Whereas, though recognizing that the pending proceeding is not still a bar to prosecuting an action in this Court, it would be more appropriate, fair, equitable and practical to consider such a motion to dismiss the action or for a stay once the defendant's status before the Tribunal de commerce in Paris has been clarified and determined by the outcome of the application to discontinue now pending;

[9]        Accordingly, it is ordered that:

A.        the action at bar is stayed pending the disposition by the Tribunal de commerce in Paris of the application made by the plaintiff to discontinue its action against the defendant;

B.         the motion at bar as filed is otherwise dismissed; and

C.        The defendant's right to file another motion of the same type in this Court, once the fate of the application to discontinue made by the plaintiff in the Tribunal de commerce of Paris has been determined or decided, is reserved.

[10]      The whole with costs to follow.

OTTAWA, ONTARIO

September 20, 2002

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.

                                                       FEDERAL COURT OF CANADA

                                                                    TRIAL DIVISION

                                NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE:                                                                                  T-890-02

STYLE OF CAUSE:                                                         VILHENA SHIPPING LTD. v. AGRO-HALL LTD.

PLACE OF HEARING:                                                   Québec, Quebec

DATE OF HEARING:                                                     September 11, 2002

REASONS FOR ORDER BY:                                       Pinard J.

DATED:                                                                             September 20, 2002

APPEARANCES:

George J. Pollack                                                              FOR THE PLAINTIFF

Richard Gaudreau                                                              FOR THE DEFENDANT

SOLICITORS OF RECORD:

DAVIS, WARD, PHILLIPS & VINEBERG                  FOR THE PLAINTIFF

Montréal, Quebec

LANGLOIS, GAUDREAU, O'CONNOR                    FOR THE DEFENDANT

Québec, Quebec