Date: 19980619
Dossier: T-369-98
MONTREAL, QUEBEC, THIS 19th DAY OF JUNE 1998
AN ACTION IN REM AGAINST THE M.V. "HAIGHT" AND
IN PERSONAMAGAINST INTERLINES SHIPPING (CANADA) LTD.
AND HAIGHT STREET LTD. PARTNERSHIP
BETWEEN:
NOVOSTEEL SA
Plaintiff
AND
INTERLINES SHIPPING (CANADA) LTD.
HAIGHT STREET LTD. PARTNERSHIP
THE M.V. "HAIGHT"
Defendants
O R D E R
1.The disputes between Novosteel SA and Interlines Shipping (Canada ) Ltd. are referred to arbitration in London, United Kingdom in accordance with the governing booking note dated October 7, 1996;
2.All proceedings as and between Novosteel SA and Interlines Shipping (Canada) Ltd. are stayed until further order of this Court;
3.Costs in the cause.
Richard Morneau
prothonotary
Date: 19980619
Dossier: T-369-98
AN ACTION IN REM AGAINST THE M.V. "HAIGHT" AND
IN PERSONAMAGAINST INTERLINES SHIPPING (CANADA) LTD.
AND HAIGHT STREET LTD. PARTNERSHIP
BETWEEN:
NOVOSTEEL SA
Plaintiff
AND
INTERLINES SHIPPING (CANADA) LTD.
HAIGHT STREET LTD. PARTNERSHIP
THE M.V. "HAIGHT"
Defendants
REASONS FOR ORDER
RICHARD MORNEAU, ESQ., PROTHONOTARY
1� Having heard counsel for both parties, I am satisfied that for the purpose of resolving all disputes between the parties in the case at bar the booking note dated October 7, 1996 ("the booking note") must be seen as the sole governing contract.
2� Even if I am wrong and that one must also consider the bills of lading existing between the parties as relevant, I am satisfied that clause 16 found in the booking note has the effect of giving precedence to clause 15 found therein over clause 3 contained in the bills of lading. In that regard, I do not think that the word "terms" found in clause 16 of the booking note is incapable of embracing arbitration clause 15 found just prior to said clause 16.
3� Therefore, in accordance with clause 15 of the booking note, all disputes between Novosteel SA and Interlines Shipping (Canada) Ltd. must be referred to arbitration in London, United Kingdom and all proceedings herein shall be stayed until further order of this Court.
4� Despite Interlines Shipping (Canada) Ltd.'s request to be granted costs of this motion in any event of the cause, I believe it would be more appropriate to provide that costs be in the cause.
5� An order will issue in accordance with these reasons.
Richard Morneau
Prothonotary
MONTREAL, QUEBEC
June 19, 1998
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.:
STYLE OF CAUSE:
T-369-98
NOVOSTEEL SA
Plaintiff
AND
INTERLINES SHIPPING (CANADA) LTD.
HAIGHT STREET LTD. PARTNERSHIP
THE M.V. "HAIGHT"
Defendants
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING:June 15, 1998
REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY
DATE OF REASONS FOR ORDER:June 19, 1998
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| APPEARANCES:
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| Me Judith Harvie |
for the Plaintiff |
| Me David G. Colford |
for Defendant Interlines Shipping (Canada) Ltd. |
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SOLICITORS OF RECORD:
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| OGILVY RENAULT Montreal, Quebec |
for the Plaintiff |
| BRISSET BISHOP Montreal, Quebec |
for Defendant Interlines Shipping (Canada) Ltd. |
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