Adecon Ship Management Inc. v. Cuba, 2001 FCT 1

Federal Court of Canada

Trial Division

1Section de première instance de

la Cour fédérale du Canada

     Docket T-267-00

     Citation: 2001 FCT 1

Ottawa, Ontario, this 1^st day of February 2001

PRESENT:      THE HONOURABLE MR. JUSTICE LEMIEUX

ADMIRALTY ACTION IN REM AND IN PERSONAM

BETWEEN:

     ADECON SHIP MANAGEMENT INC.

     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, ASSOCIATION DE NAVIERAS D E CUBA, 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 ODELYS (ex ROSE ISLANDS), M/V RIO YATERAS, M/V RIO CUYAGUATEJE, M/V RIO NAJASA, M/V LILIET, M/V SANTANITA, M/V ANACAONA, M/V GUARIONEX, M/V DAIQUIRI, M/V CAJIO, M/V MINAS DEL FRIO, M/V GRAN PIEDRA, M/V MAGNOLIA REEFER, AND M/V BOLIVAR

Defendants

(In Rem)

-2-

     ORDER AND REASONS FOR ORDER

     I agree to a reconsideration of this matter, namely, my order of December 21, 2000 dismissing this action for delay because I did not have the plaintiff's response. When I made that order, I was unaware the plaintiff had made submissions which were not in the file.

     In the circumstances, my December 21, 2000 order is set aside. The plaintiff is at liberty to bring a motion for default judgment under Rule 369 but should serve all defendants as it is not sufficient to have only served Ms. Strickland who acted only for the ship "Rio Cuyaguateje".

     François Lemieux

     J U D G E