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]
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:
| Jean-Marie Fontaine |
for the plaintiffs |
|
| Danièle Dion |
for the defendants Abta Shipping Company Limited and Trade Fortune Inc. SA |
|
SOLICITORS OF RECORD:
| Sproule & Pollack Montréal, Quebec |
for the plaintiffs |
|
| Brisset Bishop Montréal, Quebec |
for the defendants Abta Shipping Company Limited and Trade Fortune Inc. SA |
|
| Stikeman, Elliott Montréal, Quebec |
for the plaintiffs in the related file T-387-98 |
|
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