Date: 20000315
Docket: A-934-97
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
TERMAR NAVIGATION CO. INC.
and
FOREST PRODUCT CARRIERS
(INTERNATIOANL) LTD.
Appellants
AND
CANADIAN PACIFIC FOREST PRODUCTS LIMITED
and
ALL OTHER CARGO INTERESTS AS
ENUMERATED IN ANNEX "A" ATTACHED TO
THE STATEMENT OF CLAIM
Respondents
Heard at Montreal, Quebec, Wednesday, March 15, 2000
Judgment delivered from the Bench at Montreal, Quebec, Wednesday, March 15, 2000
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20000315
Docket: A-934-97
MONTREAL, QUEBEC, THIS 15th DAY OF MARCH 2000
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
TERMAR NAVIGATION CO. INC.
-and-
FOREST PRODUCT CARRIERS
(INTERNATIONAL) LTD.
Appellants
AND
CANADIAN PACIFIC FOREST PRODUCTS LIMITED
- and -
ALL OTHER CARGO INTERESTS AS
ENUMERATED IN ANNEX "A" ATTACHED TO
THE STATEMENT OF CLAIM
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montreal, Quebec,
on Wednesday, March 15, 2000)
DÉCARY J.A.
[1] We are in substantial agreement with the reasons for judgment of Mr. Justice Rothstein (then sitting in the Trial Division) reported at [1998] 2 F.C. 328 (T.D).
| [2] The appeal will be dismissed with costs. |
Robert Décary
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20000315
Docket: A-934-97
BETWEEN:
TERMAR NAVIGATION CO. INC.
and
FOREST PRODUCT CARRIERS
(INTERNATIONAL) LTD.
Appellants
AND
CANADIAN PACIFIC FOREST PRODUCTS LIMITED
and
ALL OTHER CARGO INTERESTS AS ENUMERATED IN ANNEX "A" ATTACHED TO THE STATEMENT OF CLAIM
Respondents
________________________________________________
REASONS FOR JUDGMENT
________________________________________________
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO :A-934-97
STYLE OF CAUSE: TERMAR NAVIGATION CO. INC. ET AL
Appellants
AND
| CANADIAN PACIFIC FOREST PRODUCTS LIMITED ET AL |
Respondents
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: March 15 2000
REASONS FOR JUDGMENT OF THE HONORABLE MR. JUSTICE DÉCARY
| DATED: March 15 2000 |
APPEARANCES:
Mr. Sean J. Harrington and Mr. Darren McGuire for the Appellants
| Mr. J. Kenrick Sproule for the Respondents |
SOLICITORS OF RECORD:
| McMASTER GERVAIS for the Appellants |
Montreal, Quebec
SPROULE CASTONGUAY POLLACK for the Respondents Montreal, Quebec