Date: 20010914
Docket: T-1272-98
Neutral citation: 2001 FCT 1021
Montreal, Quebec, September 14, 2001
Present: Richard Morneau, Esq., Prothonotary
ADMIRALTY ACTION IN REM AND IN PERSONAM
BETWEEN:
ARCHAMAX CORPORATION
Plaintiff
and
THE ST. LAWRENCE SEAWAY AUTHORITY
and
UPPER LAKES SHIPPING LIMITED
and
THE VESSEL "CANADIAN EXPLORER"
and
THE OWNERS AND ALL OTHERS INTERESTED IN THE
VESSELS "CANADIAN CENTURY", "CANADIAN ENTERPRISE",
"CANADIAN EXPLORER", "CANADIAN LEADER",
"CANADIAN MARINER", "CANADIAN MINER",
"CANADIAN NAVIGATOR", "CANADIAN OLYMPIC",
"CANADIAN PROGRESS", "CANADIAN PROSPECTOR",
"CANADIAN PROVIDER", "CANADIAN RANGER",
"CANADIAN TRANSPORT", "CANADIAN VOYAGER",
"HAMILTON TRANSFER", "JAMES NORRIS",
"MONTREALAIS", "QUEBECOIS", and "SEAWAY QUEEN"
Defendants
RICHARD MORNEAU, ESQ., PROTHONOTARY
[1] This is a motion in writing on behalf of the Plaintiff for an Order to compel the Defendant Upper Lakes Shipping Limited (ULS) to answer the questions which were objected to on grounds of relevancy and to compel the Defendant to answer all undertakings emanating from the examination for discovery of Mr. Gordon Quesnelle held on March 16, 2001 (rules 97(b), 241 et seq. and 401).
[2] ULS formally objected to four questions asked of Mr. Quesnelle by the Plaintiff, and did not provide an answer to an undertaking.
[3] I shall deal with the four outstanding questions first.
[4] Having considered the representations of counsel, I am satisfied that question 28 has been sufficiently answered by the Defendant ULS.
[5] Question 81 shall be answered since I consider at this juncture that the ULS policy and the basis upon which it was established are relevant information on how the "CANADIAN EXPLORER" should have been properly handled at the time of the incident.
[6] As to questions 637 and 639, for the reasons expressed by the Plaintiff, ULS shall answer the question whether the vessel was ISM approved in 1997 and provide information on procedure manuals in place as regards the operation of the vessel and related to its ISO certification.
[7] As to question 798, it is unclear whether an undertaking relating thereto was given. In any event, I am satisfied that said question has been sufficiently answered.
[8] Therefore, the Defendant ULS shall answer questions 81, 637 and 639 within twenty-five (25) days of the date of this Order without prejudice to any proper follow-up questions that may arise therefrom. Otherwise, the Plaintiff's motion is dismissed.
[9] As success is divided, no order is made as to costs.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET:
STYLE OF CAUSE:
T-1272-98
Admiralty action in rem and in personam
Between:
ARCHAMAX CORPORATION
Plaintiff
and
THE ST. LAWRENCE SEAWAY AUTHORITY and UPPER LAKES SHIPPING LIMITED and THE VESSEL "CANADIAN EXPLORER" and THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSELS "CANADIAN CENTURY", "CANADIAN ENTERPRISE", "CANADIAN EXPLORER", "CANADIAN LEADER", "CANADIAN MARINER", "CANADIAN MINER", "CANADIAN NAVIGATOR", "CANADIAN OLYMPIC", "CANADIAN PROGRESS", "CANADIAN PROSPECTOR", "CANADIAN PROVIDER", "CANADIAN RANGER", "CANADIAN TRANSPORT", "CANADIAN VOYAGER", "HAMILTON TRANSFER", "JAMES NORRIS", "MONTREALAIS", "QUEBECOIS", and "SEAWAY QUEEN"
Defendants
WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ORDER OF: Richard Morneau, Esq., Prothonotary
DATED: September 14, 2001
WRITTEN OBSERVATIONS BY:
| Mr. Peter G. Pamel |
FOR PLAINTIFF |
|
| Mr. John T. Morin |
||
| FOR DEFENDANTS UPPER LAKES SHIPPING LIMITED, CANADIAN EXPLORER ET AL. |
||
SOLICITORS OF RECORD:
| Borden Ladner Gervais Montreal, Quebec |
FOR PLAINTIFF |
|
| Fasken Martineau Dumoulin Toronto, Ontario |
FOR DEFENDANTS UPPER LAKES SHIPPING LIMITED, CANADIAN EXPLORER ET AL. |
|
| Mr. Morris Rosenberg Deputy Attorney General of Canada |
FOR DEFENDANT ST. LAWRENCE SEAWAY AUTHORITY |