Date: 19971120
Docket: T-543-96
Action in rem against the ship "ICELANDIC HARVESTER"
BETWEEN:
MARYSTOWN SHIPYARD LIMITED
Plaintiff
- and -
THE OWNERS AND ALL OTHERS INTERESTED
IN THE SHIP "ICELANDIC HARVESTER"
Defendant
REASONS FOR JUDGMENT
LUTFY J.:
[1] Counsel for the defendants now acknowledges the appropriate service of the action in rem. The objections concerning the indorsement (Form 4) are "at most mere irregularities and not fatal defects": Lorac Transport v. The Ship "ATRA", [1985] 1 F.C. 459 at 469. The plaintiff's motion for summary judgment is granted and the plaintiff's action maintained in the amount of $10,370.28 with pre-judgment and post-judgment interest in accordance with sections 36 and 37 of the Federal Court Act and costs. Pursuant to rule 337(2)(b), the plaintiff may prepare a draft of the appropriate judgment and move for judgment accordingly.
Judge
Ottawa, Ontario
November 20, 1997