Furness Logistics (Dordrecht) B.V. v. Dillon Reid International Freight Systems Inc., docket T-137-99

Date: 19990831

Docket: T-137-99

MONTREAL, QUEBEC, THIS 31^st DAY OF AUGUST 1999

PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY

Between:

     FURNESS LOGISTICS (DORDRECHT) b.v.

     Plaintiff

     AND

     DILLON REID INTERNATIONAL

     FREIGHT SYSTEMS INC. and

     VELCO CHEMICALS INC.

     Defendants

     REASONS FOR ORDER AND ORDER

RICHARD MORNEAU, ESQ., PROTHONOTARY:

[1]      For the limited purpose of this motion, I am not satisfied that the Plaintiff has sufficiently evidenced a contractual relationship between it and the Defendant Velco Chemicals Inc. (Velco) concerning the containers in issue which are the property of Velco. Also, I cannot hold that an agency relationship existed between the two Defendants so as to render Velco responsible for the debts of the Defendant Dillon Reid International Freight Systems Inc.

[2]      Consequently, the instant motion by the Plaintiff for an order that the chemical contents of five tank containers, being Nos. TMLU5730946, TMLU5733185, TMLU5733346, TMLU7240125 and TMLU7240188, be sold (the property) is denied. As suggested by Velco, the property shall be returned to Velco upon payment of amounts invoiced to it by Plaintiff and amounts due for the last shipment.

[3]      Costs on this motion shall be in the cause.

Richard Morneau

     Prothonotary

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:

STYLE OF CAUSE:

T-137-99

FURNESS LOGISTICS (DORDRECHT) b.v.

     Plaintiff

AND

DILLON REID INTERNATIONAL FREIGHT SYSTEMS INC. and

VELCO CHEMICALS INC.

     Defendants

PLACE OF HEARING:Montreal, Quebec

DATE OF HEARING:August 30, 1999

REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY

DATE OF REASONS FOR ORDER:August 31, 1999

APPEARANCES:

SOLICITORS OF RECORD: