T-2305-93
MONTREAL, QUEBEC, THIS 9th
DAY OF OCTOBER 1997
PRESENT: RICHARD MORNEAU, ESQ.,
PROTHONOTARY
BETWEEN:
RED
RIVER FOODS INC.
and
KAVANAGH
FOODS LTD.
and
ALL THOSE
PERSONS HAVING AN INTEREST
IN
THE CARGO LADEN ON BOARD
THE VESSELS
SAN LORENZO AND ALTONA
Plaintiffs
AND
CANADA
MARITIME LTD.
and
PARTENREEDEREI
M.S. "KARYATEIN"
and
THE
OWNERS AND CHARTERERS OF
THE VESSELS
SAN LORENZO AND ALTONA
and
THE VESSELS
SAN LORENZO AND ALTONA
Defendants
ORDER
Motion denied. Costs in
the cause.
Richard Morneau
Prothonotary
T-2305-93
BETWEEN:
RED
RIVER FOODS INC.
and
KAVANAGH
FOODS LTD.
and
ALL THOSE
PERSONS HAVING AN INTEREST
IN
THE CARGO LADEN ON BOARD
THE VESSELS
SAN LORENZO AND ALTONA
Plaintiffs
AND
CANADA
MARITIME LTD.
and
PARTENREEDEREI
M.S. "KARYATEIN"
and
THE
OWNERS AND CHARTERERS OF
THE VESSELS
SAN LORENZO AND ALTONA
and
THE VESSELS
SAN LORENZO AND ALTONA
Defendants
REASONS
FOR ORDER
RICHARD MORNEAU, ESQ.,
PROTHONOTARY:
This is a motion on behalf
of the defendant Canada Maritime Ltd. for an order under rule 446 of the Federal
Court Rules ordering the plaintiff Red River Foods Inc. to give security
for an amount of $4,500 for the defendant's costs in this action.
As it appears from the
statement of claim, the plaintiff Red River Foods Inc. is a resident of the
United States while the plaintiff Kavanagh Foods Ltd. is a Canadian resident.
The defendant Canada
Maritime Ltd. asserts in an affidavit in support of the motion at bar that Red
River Foods Inc. must be seen as the real party at interest in this case,
rather than the plaintiff Kavanagh Foods Ltd., the Canadian resident.
Even if that were so, the
fact is that the affidavit in support of this motion does not allege that
Kavanagh Foods Ltd. would seek to avoid or would not be able to meet an order
of costs in relation to the action at bar should one be made in the future
against all plaintiffs (see Figgie International v. Schoettler (1994),
53 C.P.R. (3d) 450, at 459, and Titan Linkabit v. S.E.E. Electronic
Engineering Inc. (1992), 42 C.P.R. (3d) 48, at 51).
Therefore no security for
costs should be granted. Costs will be in the cause.
Richard Morneau
Prothonotary
Montreal, Quebec
October 9, 1997
T-2305-93
RED RIVER FOODS INC.
and
KAVANAGH FOODS LTD.
and
ALL THOSE PERSONS
HAVING AN INTEREST IN THE CARGO LADEN
ON BOARD THE VESSELS
SAN LORENZO AND ALTONA
Plaintiffs
CANADA MARITIME LTD.
and
PARTENREEDEREI M.S.
"KARYATEIN"
and
THE OWNERS AND
CHARTERERS OF THE VESSELS SAN LORENZO AND ALTONA
and
THE VESSELS SAN
LORENZO AND ALTONA
Defendants
REASONS FOR ORDER
FEDERAL
COURT OF CANADA
NAMES OF
COUNSEL AND SOLICITORS OF RECORD
COURT NO.:
STYLE OF
CAUSE:
T-2305-93
RED RIVER FOODS INC. and
KAVANAGH FOODS LTD. and
ALL THOSE PERSONS HAVING AN INTEREST IN THE CARGO LADEN
ON BOARD THE VESSELS SAN LORENZO AND ALTONA
Plaintiffs
AND
CANADA MARITIME LTD. and
PARTENREEDEREI M.S. "KARYATEIN" and
THE OWNERS AND CHARTERERS OF THE VESSELS SAN LORENZO AND ALTONA and
THE VESSELS SAN LORENZO AND ALTONA
Defendants
PLACE OF
HEARING:Montreal, Quebec
DATE OF
HEARING:October 6, 1997
REASONS FOR
ORDER BY:Richard Morneau, Esq.,
Prothonotary
DATE OF
REASONS FOR ORDER:October 9, 1997
APPEARANCES:
Me Dominique
Barsalou for the Plaintiffs
Me David Colford for the Defendant Canada Maritime Ltd. (owner of the "San Lorenzo")
SOLICITORS OF
RECORD:
Me Dominique
Barsalou for the Plaintiffs
Sproule,
Castonguay, Pollack
Montreal, Quebec
Me David Colford for the Defendant Canada Maritime
Brisset Bishop Ltd. (owner of the "San Lorenzo")
Montreal, Quebec
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