Markovic v. Flare (The), docket T-1344-98

Date: 20001004

Docket: T-1344-98

MONTREAL, QUEBEC, THIS 4^th DAY OF OCTOBER 2000

PRESENT: RICHARD MORNEAU, ESQ., 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 from ABTA SHIPPING COMPANY LIMITED AND TRADE FORTUNE INC. S.A. for an Order that:

1.      With respect to paragraphs 17(a) and (b) of their Re-amended Statement of Claim dated September 22, 2000, Plaintiffs are to serve and file further and better particulars as to what is a "proper inspection program" and a "proper maintenance and repair program" referred to therein;

2.      With respect to paragraph 26(c) of their Re-amended Statement of Claim dated September 22, 2000, Plaintiffs are to serve and file further and better particulars providing for a breakdown of the special damages claimed in the amount of $62,250.00 and produce to the Defendants the supporting documentation that shows losses amounting to $62,250.00;

3.      With respect to paragraph 26(f) of their Re-amended Statement of Claim dated September 22, 2000, Plaintiffs are to serve and file further and better particulars providing for a breakdown of the alleged loss in revenue, earnings and compensation in the amount of $750,000.00 and produce to the Defendants the supporting documentation;

4.      Plaintiffs are to serve an accurate and complete affidavit of documents within ten (10) days of the date of this Order together with any documentation not already provided to Defendants;

5.      Plaintiffs are to serve and file the foregoing particulars within ten (10) days of the date of this Order;

6.      Costs in the cause, save in the event of contestation, then costs to Defendants.

     (Rules 181, 206 and 227 of the Federal Court Rules, 1998)

     REASONS FOR ORDER AND ORDER

RICHARD MORNEAU, ESQ., PROTHONOTARY:

[1]          Motion granted in part as follows.

[2]          With respect to paragraphs 17(a) and (b) of their Re-amended Statement of Claim dated September 22, 2000, the Plaintiffs are to serve and file further and better particulars as to what factual elements of the vessel the expressions "proper inspection program" and "proper maintenance and repair program" refer to. The Plaintiffs are to serve and file the foregoing particulars within ten (10) days of the date of this Order.

[3]          With respect to paragraph 26(c) of the Plaintiffs' Re-amended Statement of Claim, the letter from Plaintiffs' counsel dated September 29, 2000 provides sufficient details to enable Defendants' counsel to prepare sufficiently for the upcoming examination on discovery of the Plaintiffs. Further details pertaining to Plaintiffs' claim for special damages can be obtained during the said examination. No further details are required at this time.

[4]          With regards to the Defendants' request for further particulars in paragraph 26(f) of the Re-amended Statement of Claim, I agree that Petar Markovic's future loss of revenue, earnings and compensation is mainly a question of expert evidence. No further particulars are required at this juncture.

[5]          The Plaintiffs are to serve an accurate and complete draft affidavit of documents on or before October 18, 2000 together with any documentation not already provided to the Defendants.

[6]          Costs in the cause.

Richard Morneau

     Prothonotary

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT 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:Montreal, Quebec

DATE OF HEARING:October 2, 2000

REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY

DATE OF REASONS FOR ORDER:October 4, 2000

APPEARANCES:

Ms. Mélanie Bernier

for the Plaintiffs

Mr. David G. Colford

for the Defendants

SOLICITORS OF RECORD:

Sproule, Castonguay, Pollack Montreal, Quebec

for the Plaintiffs

Brisset Bishop Montreal, Quebec

for the Defendants