Date: 19991001
Docket: T-1359-99
ACTION IN REM AGAINST THE SHIP "MOR EUROPE" AND IN PERSONAM AGAINST THE OWNERS AND ALL OTHERS INTERESTED IN THE SHIP "MOR EUROPE", HONDEL SHIPPING CO. LTD., DELPHIC SHIPPING CO. LTD., SEAQUEST LINE c/o LEP INTERNATIONAL INC c/o GEOLOGISTICS CO. AND BOLT CANADA
BETWEEN:
ARTEX SYSTEMS (U.K.) LTD., a body politic and
corporate of London, England and
ARTEX PRECAST LTD., a body politic and
corporate of Concord, Ontario, Canada
Plaintiffs
- and -
THE SHIP "MOR EUROPE" and
THE OWNERS AND ALL OTHERS INTERESTED IN
THE SHIP "MOR EUROPE" and
HONDEL SHIPPING CO. LTD., a body politic and
corporate c/o DELPHIC SHIPPING CO LTD., a
body politic and corporate of Athens, Greece and
DELPHIC SHIPPING CO. LTD., a body politic and
corporate of Athens, Greece and
SEAQUEST LINE, c/o LEP INTERNATIONAL INC. c/o
GEOLOGISTICS CO., a body politic and
corporate of Toronto, Ontario, Canada and
BOLT CANADA LINE, c/o Morlines Maritime
Agency Ltd., a body politic and corporate of
Montreal, Quebec, Canada
Defendants
REASONS FOR ORDER AND ORDER
GILES A.S.P.:
[1] This proceeding should have been, but was not, started as a simplified action, and counsel for the plaintiff now asks by letter that it be converted. Counsel for the defendant, Seaquest Lines, apparently agrees as they are tendering third party claims with fees only for simplified actions.
[2] At the exchange of pleadings stage, the only difference (other than filing fees) seems to be the lack of the heading "simplified action" on the pleadings required by Rule 294. The file shows that only one defendant has been served and it is possible there are still defendants to be served.
[3] In order to prevent further improper papers being served it is necessary to amend the statement of claim and to amend the statement of defence of Seaquest so that the proper pleadings may be served on unserved defendants.
[4] The statement of claim having been pleaded over, leave would be required to amend. However, this proceeding is, even if not so styled, a simplified action and an interlocutory motion cannot be brought before the pre-trial stage. Therefore, of my own motion, I direct the Registry to marks the words "simplified action" above the style of cause in the pleadings presently on the file so that any copies certified in future will show those words.
[5] The parties should mark all pleadings to be filed in future with the words "simplified action" and no party should serve any document certified by the Registry which does not bear the words "simplified action" above the style of cause. The Registry should refuse to file any document not so marked.
[6] If a party wishes to counterclaim or amend to make a claim other than as described in Rule 292, he should his pleading marked "simplified action" and any opposing party may in his pleading object to the matter continuing as a simplified action. Unless there is consent, it is my view that the action would thereupon cease to be a simplified action, and should any party wish it to continue as a simplified action, a motion could be brought under Rule 292(d).
"Peter A.K. Giles"
A.S.P.
TORONTO, ONTARIO
October 1, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: ARTEX SYSTEMS (U.K.) LTD., a body politic and corporate of London, England and ARTEX PRECAST LTD., a body politic and corporate of Concord, Ontario, Canada |
| THE SHIP "MOR EUROPE" and |
| THE OWNERS AND ALL OTHERS INTERESTED IN THE SHIP "MOR EUROPE" and HONDEL SHIPPING CO. LTD., a body politic and corporate c/o DELPHIC SHIPPING CO LTD., a |
| body politic and corporate of Athens, Greece and DELPHIC SHIPPING CO. LTD., a body politic and corporate of Athens, Greece and SEAQUEST LINE, c/o LEP INTERNATIONAL INC. c/o |
GEOLOGISTICS CO., a body politic and
| corporate of Toronto, Ontario, Canada and BOLT CANADA LINE, c/o Morlines Maritime Agency Ltd., a body politic and corporate of Montreal, Quebec, Canada |
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369.
| REASONS FOR ORDER AND ORDER BY: GILES A.S.P. |
| DATED: FRIDAY, OCTOBER 1, 1999 |
WRITTEN SUBMISSIONS BY: Ms. Andrea J. Sterling
For the Plaintiffs
SOLICITORS OF RECORD: Gottlieb & Pearson
Barristers & Solicitors
2020 University Street,
Suite 1600
Montreal, Quebec
H3A 2A5
Fernandes Hearn Theall
Barristers & Solicitors
335 Bay Street
Suite 601,
Toronto, Ontario
M5H 2R3
For the Defendant
Seaquest Lines
FEDERAL COURT OF CANADA
Date:19991001
Docket: T-1359-99
Between:
| ARTEX SYSTEMS (U.K.) LTD., a body politic and corporate of London, England and ARTEX PRECAST LTD., a body politic and corporate of Concord, Ontario, Canada |
Plaintiffs
- and -
| THE SHIP "MOR EUROPE" and |
| THE OWNERS AND ALL OTHERS INTERESTED IN THE SHIP "MOR EUROPE" and HONDEL SHIPPING CO. LTD., a body politic and corporate c/o DELPHIC SHIPPING CO LTD., a |
| body politic and corporate of Athens, Greece and DELPHIC SHIPPING CO. LTD., a body politic and corporate of Athens, Greece and SEAQUEST LINE, c/o LEP INTERNATIONAL INC. c/o |
GEOLOGISTICS CO., a body politic and
| corporate of Toronto, Ontario, Canada and BOLT CANADA LINE, c/o Morlines Maritime Agency Ltd., a body politic and corporate of Montreal, Quebec, Canada |
Defendants
AND ORDER
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