Date: 19991209
Docket: T-2580-95
MONTREAL, QUEBEC, THIS 9th DAY OF DECEMBER 1999
PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY
Between:
ESKOFOT INTERNATIONAL A/S
-and-
3M COMPANY
-and-
ALL OTHERS HAVING AN INTEREST IN THE CARGO
LADEN ON BOARD THE M.V. OOCL ASSURANCE
(Bill of lading 109/1/10503)
Plaintiffs
AND
NESSFEL LTD.
-and-
ORIENT OVERSEAS CONTAINER LINE LTD.
-and-
DANTRANSPORT CORPORATION
-and-
THE OWNERS AND CHARTERERS OF THE VESSEL OOCL ASSURANCE
-and-
THE VESSEL OOCL ASSURANCE
Defendants
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, ESQ., PROTHONOTARY:
[1] For the reasons expressed and the jurisprudence referred to in paragraphs 16 to 19 inclusively of the written representations submitted by the Plaintiffs on November 30, 1999 in support of the motion herein, this motion by the Plaintiffs is granted, with costs in favour of the Defendants Nessfel Ltd. and Orient Overseas Container Line Ltd.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.:
STYLE OF CAUSE:
T-2580-95
ESKOFOT INTERNATIONAL A/S -and-
3M COMPANY -and- ALL OTHERS HAVING AN INTEREST IN THE CARGO LADEN ON BOARD THE M.V. OOCL ASSURANCE (Bill of lading 109/1/10503)
Plaintiffs
AND
NESSFEL LTD. -and- ORIENT OVERSEAS CONTAINER LINE LTD. -and-
DANTRANSPORT CORPORATION -and-
THE OWNERS AND CHARTERERS OF THE VESSEL OOCL ASSURANCE -and-
THE VESSEL OOCL ASSURANCE
Defendants
PLACE OF HEARING:Montreal, Quebec
DATE OF HEARING:December 6, 1999
REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY
DATE OF REASONS FOR ORDER:December 9, 1999
APPEARANCES:
| Me Alison Breen |
for the Plaintiffs |
| Me David Colford |
for the Defendants |
SOLICITORS OF RECORD:
| Sproule, Castonguay, Pollack Me Alison Breen Montreal, Quebec |
for the Plaintiffs |
| Brisset Bishop Me David Colford Montreal, Quebec |
for the Defendants |