Date: 20010405
Docket: A-849-99
Neutral citation: 2001 FCA 111
Coram: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
ADMIRALTY ACTION IN PERSONAM AND IN REM
Between:
BARZELEX INC.
Plaintiff/Appellant
AND
THE M.V. "EBN AL WALEED"
and
EGYPTIAN NAVIGATION CO.
Defendants/Respondents
Hearing held at Montréal, Quebec,
on Thursday, April 5, 2001
Judgment delivered at Montréal, Quebec,
on Thursday, April 5, 2001
REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A.
Date: 20010405
Docket: A-849-99
Neutral citation: 2001 FCA 111
Coram: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
ADMIRALTY ACTION IN PERSONAM AND IN REM
Between:
BARZELEX INC.
Plaintiff/Appellant
AND
THE M.V. "EBN AL WALEED"
and
EGYPTIAN NAVIGATION CO.
Defendants/Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec,
on Thursday, April 5, 2001)
DESJARDINS J.A.
[1] We are not satisfied that the trial judge [Barzelex Inc. v. The M.V. "EBN Al Waleed" et al., 1999 F.C.J. No. 1839 (QL) (Hugessen J.)] erred in any of the ways raised before us.
[2] On the contrary, we are of the view that in light of the evidence before him, it was open to him to make the finding he made at paragraph 8 of his reasons:
The original, 1955, enactment of the Hague Rules was never repealed however with the result that Turkish national law now apparently contains both a textual adoption of the Hague Rules and a national adaptation thereof as permitted by the Protocol of Signature.
[3] The appeal will be dismissed with costs below and on appeal.
Alice Desjardins
J.A.
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20010405
Docket: A-849-99
ADMIRALTY ACTION
IN PERSONAM AND IN REM
Between:
BARZELEX INC.
Plaintiff/Appellant
AND
THE M.V. "EBN AL WALEED"
and
EGYPTIAN NAVIGATION CO.
Defendants/Respondents
REASONS FOR JUDGMENT
OF THE COURT
Date: 20010405
Docket: A-849-99
MONTRÉAL, QUEBEC, THE 5th DAY OF APRIL 2001
Coram: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
ADMIRALTY ACTION IN PERSONAM AND IN REM
Between:
BARZELEX INC.
Plaintiff/Appellant
AND
THE M.V. "EBN AL WALEED"
and
EGYPTIAN NAVIGATION CO.
Defendants/Respondents
JUDGMENT
The appeal is dismissed with costs below and on appeal.
Alice Desjardins
J.A.
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-849-99
STYLE OF CAUSE: ADMIRALTY ACTION
IN PERSONAM AND IN REM
BARZELEX INC.
Plaintiff/Appellant
AND
THE M.V. "EBN AL WALEED"
and
EGYPTIAN NAVIGATION CO.
Defendants/Respondents
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 5, 2001
REASONS FOR JUDGMENT BY THE HONOURABLE DESJARDINS J.A.
DATED: April 5, 2001
APPEARANCES:
Richard Desgagnés FOR THE PLAINTIFF/APPELLANT
Sean J. Harrington FOR THE DEFENDANTS/RESPONDENTS
SOLICITORS OF RECORD:
Ogilvy Renault FOR THE PLAINTIFF/APPELLANT
Montréal, Quebec
McMaster Gervais FOR THE DEFENDANTS/RESPONDENTS
Montréal, Quebec
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