Date: 19990930
Docket: T-1795-98
ADMIRALTY ACTION IN REM AND ACTION IN PERSONAM
BETWEEN:
HAPAG-LLOYD CONTAINER LINIE GmbH
HAPAG-LLOYD AKTIENGESELLSCHAFT
HAPAG-LLOYD (AMERICA) INC.
HAPAG-LLOYD (CANADA) INC.
Plaintiffs
- and -
THE OWNERS AND ALL OTHERS
INTERESTED IN THE SHIP "ASL SANDERLING",
2782863 CANADA INC., OCEANEX LIMITED
PARTNERSHIP AND OCEANEX (1997) INC.
Defendants
- AND -
Docket: T-1796-98
ADMIRALTY ACTION IN REM AND ACTION IN PERSONAM
BETWEEN:
DAMPSKIBSSELSKABET AF 1912
AKTIESELSKAB AND AKTIENSELSKABET
DAMPSKIBSSELSKABET SVENDBORG
A.P. MOLLER INC.
MAERSK INC.
MAERSK CANADA INC.
Plaintiffs
- and -
THE OWNERS AND ALL OTHERS
INTERESTED IN THE SHIP "ASL SANDERLING"
2782863 CANADA INC.
OCEANEX LIMITED PARTNERSHIP AND
OCEANEX (1997) INC.
Defendants
- AND -
Docket: T-1785-98
| ADMIRALTY ACTION IN REM AGAINST THE SHIP "ASL SANDERLING" |
BETWEEN:
MARUHA CORPORATION
DALEY BROTHERS LTD.
Plaintiff
- and -
OCEANEX INC.
OCEANEX (1997) INC.
THE SHIP "ASL SANDERLING",
HER OWNERS AND ALL OTHERS INTERESTED
IN THE "ASL SANDERLING" and JOHN DOE,
MASTER of the "ASL SANDERLING"
ZIM ISRAEL NAVIGATION COMPANY LIMITED
Defendants
- AND -
Docket: T-1780-98
| ADMIRALTY ACTION IN REM AGAINST THE SHIP "ASL SANDERLING" |
BETWEEN:
SAPPORO KANIHONKE CO. LTD. and
ORION SEAFOOD INTERNATIONAL INC.
Plaintiffs
- and -
OCEANEX INC.
OCEANEX (1997) INC.
THE SHIP "ASL SANDERLING", HER OWNERS AND
ALL OTHERS INTERESTED IN
THE "ASL SANDERLING" AND "JOHN DOE",
MASTER of the "ASL SANDERLING"
Defendants
- AND -
Docket: T-1779-98
| ADMIRALTY ACTION IN REM AGAINST THE SHIP "ASL SANDERLING" |
BETWEEN:
HANWA AMERICAN CORPORATION and
HANWA CO. LTD.
Plaintiffs
- and -
OCEANEX INC.
OCEANEX (1997) INC.
THE SHIP "ASL SANDERLING", HER OWNERS
AND ALL OTHERS INTERESTED IN THE
"ASL SANDERLING" and JOHN DOE,
MASTER of the "ASL SANDERLING"
DAMPSKIBSSELSKABET AF 1912,
AKTIESELSKAB AND AKTIESELSKABET
DAMPSKIBSSELSKABET SVENDBORG
Carrying on business as MAERSK LINE
Defendants
- AND -
Docket: T-1777-98
| ADMIRALTY ACTION IN REM AGAINST THE SHIP "ASL SANDERLING" |
BETWEEN:
GOSHOKU CO. LTD.
TIPWANCHAI SEAFOODS CO. LTD. and
F.W. BRYCE INC.
Plaintiffs
- and -
OCEANEX INC.
OCEANEX (1997) INC.
THE SHIP "ASL SANDERLING" and "JOHN DOE",
MASTER OF THE "ASL SANDERLING",
HER OWNERS AND ALL OTHERS INTERESTED IN
THE SHIP "ASL SANDERLING" and JOHN DOE,
MASTER of the "ASL SANDERLING",
DAMPSKIBSSELSKABET AF 1912, AKTIESELSKAB
AND AKTIESELSKABET
DAMPSKIBSSELSKABET SVENDBORG
Carrying on business as MAERSK LINE
Defendants
- AND -
Docket: T-1774-98
ADMIRALTY ACTION IN REM
BETWEEN:
ZIM ISRAEL NAVIGATION COMPANY LTD.
Plaintiff
- and -
OCEANEX LIMITED PARTNERSHIP, and
2782863 CANADA INC., and
THE OWNERS AND ALL OTHERS
INTERESTED IN THE SHIP
"ASL SANDERLING"
Defendants
- AND -
Docket: T-1773-98
ADMIRALTY ACTION IN REM
BETWEEN:
NIPPON YUSEN KAISHA
Plaintiff
- and -
OCEANEX LIMITED PARTNERSHIP,
and 2782863 CANADA INC.,
and THE OWNERS AND ALL OTHERS
INTERESTED IN THE SHIP "ASL SANDERLING"
Defendants
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] The parties were heard in case management conference in Montreal, Quebec, on September 29, 1999 at 4:00 p.m.
[2] The parties confirmed that examinations are taking place this week in Montreal, and that they are making progress.
[3] All the parties have agreed on the following matters:
[4] Mr. Oland, counsel for the plaintiff, agreed to file a notice of discontinuance no later than October 8, 1999, in the Hanwa case (File No. T-1779-98).
[5] It is ordered that the documents filed in File No. 1779-98 be transferred to File No. T-1796-98 and to File No. T-1777-98.
[6] Counsel for Maersk Inc. agreed to serve his affidavit of documents on the other parties no later than October 18, 1999.
[7] The parties agreed that the discovery examination of Hapag-Lloyd and Nippon Yusen Kaisha be completed no later than November 20, 1999.
[8] The plaintiff agreed to provide particulars on currency by December 6, 1999.
[9] On consent, it is ordered that the motion by the plaintiff for an order that the defendant Oceanex Inc. produces as its representative for examination for discovery, Captain Robert Herring, be adjourned until December 6, 1999 in Montreal, Quebec, 30 McGill, at 9:30 a.m.
[10] On consent, it is ordered that the motion by the defendant to produce for inspection and copying certain documents be adjourned until December 6, 1999, at the Federal Court of Canada, 30 McGill Street, Montreal, Quebec, at 9:30 a.m.
[11] The parties are allowed until October 20, 1999 to file and serve their respondent"s record in response to the two motions before the Court.
[12] It is ordered that the document identified as "Transportation Safety Board of Canada" filed as exhibit "B" referred to in the affidavit of Kim Arthur Wigmore sworn on September 23, 1999, be put in a sealed envelope marked "confidential" until final decision on its use.
[13] The parties, if necessary, may file and serve motions on other outstanding issues to be heard on December 6, 1999; those motions shall be filed no later than November 26, 1999.
[14] The Court will address any outstanding issues at the next hearing on December 6, 1999, immediately after the hearing of the two motions.
[15] The parties should be ready to address the time table for the six months following the hearing.
[16] The time allowed for the two motions is one day.
[17] December 7, 1999 will be reserved to address other motions by the parties.
Pierre Blais
Judge
OTTAWA, ONTARIO
September 30, 1999