Markovic v. Abta Shipping Co., 2001 FCT 201

Date: 20010319

Docket: T-1344-98

Neutral citation: 2001 FCT 201

MONTRÉAL, QUEBEC, THE 19th DAYOF MARCH 2001

PRESENT: RICHARD MORNEAU, PROTHONOTARY

                                       Admiralty action in rem and in personam

Between:

PETAR MARKOVIC ON HIS OWN BEHALF AND ON BEHALF OF HIS SPOUSE AND ON BEHALF OF HIS DEPENDANTS, MIKLA MARKOVIC,

                               GORAN MARKOVIC AND BOBAN MARKOVIC

                                                                                                                                           Plaintiffs

                                                                         AND

                                       ABTA SHIPPING COMPANY LIMITED

                                                                          and

                                                   TRADE FORTUNE INC. SA

                                                                          and

            THE OWNERS AND ALL OTHERS INTERESTED IN THE "FLARE"

                                                                          and

         THE M.V. "FLARE" AND/OR THE PROCEEDS OF ANY CLAIM UPON

POLICIES OF INSURANCE                                                              

Defendants

Motion on behalf of Defendants, Abta Shipping Company Limited and Trade Fortune Inc.S.A., for an Order:

1.         to produce answers to undertakings, including questions objected to, given during the examinations for discovery of Petar Markovic and Milka Markovic which were held on October 24 and 25, 2000;

2.         to strike out paragraphs 17(a) and (b) of the Plaintiffs' Re-Amended Statement of Claim; and

3.         the costs of this motion.

                         [Rules 181, 234 and 244 of the Federal Court Rules, 1998]

                                       REASONS FOR ORDER AND ORDER

RICHARD MORNEAU, PROTHONOTARY:

[1]                 The balance of this motion will be disposed of as follows.

[2]                 After hearing counsel for the parties on the issue of undertaking number 20, it appears to me that the defendants are having difficulties accessing Petar Markovic's medical file and that they have a legitimate interest in being informed about any pre-existing medical condition involving Mr. Markovic's prostate.

[3]                 Undertaking number 20 must therefore be answered within the same 60 day period as is hereby granted to the plaintiffs to respond to the other undertakings.

[4]                 I do not believe that the motion to strike out paragraph 17 of the plaintiffs' statement of claim should be granted. For purposes of drafting a defence to that paragraph, it appears to me that the details provided by the plaintiffs in the letter from their counsel dated October 18, 2000, are sufficient to comply with the order of this Court dated October 4, 2000, although the report referred to may ultimately not be admissible in evidence.

[5]                 Although the defendants have requested the costs of this motion, it appears to me to be equitable that costs follow the cause.

Richard Morneau      

                                                                                                                                      Prothonotary

Certified true translation

Mary Jo Egan, LLB

                                                  FEDERAL COURT OF CANADA

                        NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:

STYLE OF CAUSE:

T-1344-98

Admiralty action in rem and in personam

Between:

PETAR MARKOVIC ON HIS OWN BEHALF AND ON BEHALF OF HIS SPOUSE AND ON BEHALF OF HIS DEPENDANTS, MIKLA MARKOVIC, GORAN MARKOVIC AND BOBAN MARKOVIC

                                                                             Plaintiffs

AND

ABTA SHIPPING COMPANY LIMITED and TRADE FORTUNE INC. SA and THE OWNERS AND ALL OTHERS INTERESTED IN THE "FLARE" and THE M.V."FLARE"AND/OR THE PROCEEDS OF ANY CLAIM UPON POLICIES OF INSURANCE

                                                                          Defendants

PLACE OF HEARING:Montréal, Quebec

DATE OF HEARING:March 5, 2001

REASONS FOR ORDER AND ORDER OF RICHARD MORNEAU, PROTHONOTARY

DATE OF REASONS FOR ORDER:March 19, 2001

APPEARANCES:

SOLICITORS OF RECORD:

Federal Court of Canada

Trial Division

Date: 20010319

Docket: T-1344-98

Admiralty action in rem and in personam

Between:

PETAR MARKOVIC ON HIS OWN BEHALF AND ON BEHALF OF HIS SPOUSE AND ON BEHALF OF HIS DEPENDANTS, MIKLA MARKOVIC, GORAN MARKOVIC AND BOBAN MARKOVIC

Plaintiffs

AND

ABTA SHIPPING COMPANY LIMITED and

TRADE FORTUNE INC. SA and

THE OWNERS AND ALL OTHERS INTERESTED IN THE "FLARE"and

THE M.V. "FLARE"AND/OR THE PROCEEDS OF ANY CLAIM UPON POLICIES OF INSURANCE

Defendants

REASONS FOR ORDER AND ORDER