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Neutral citation: 2001 FCA 111 DÉCARY J.A. NOËL J.A. ADMIRALTY ACTION IN PERSONAM AND IN REM Between: BARZELEX INC. Plaintiff/Appellant AND
THE M.V. "EBN AL WALEED" and EGYPTIAN NAVIGATION CO. Defendants/Respondents Hearing held at Montréal, Quebec, on Thursday, April 5, 2001 Judgment delivered at Montréal, Quebec, on Thursday, April 5, 2001 REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20010405 Docket: A-849-99 Neutral citation: 2001 FCA 111 Coram: DESJARDINS J.A. DÉCARY J.A. ADMIRALTY ACTION IN PERSONAM AND IN REM Between: BARZELEX INC. Plaintiff/Appellant AND THE M.V. "EBN AL WALEED" and EGYPTIAN NAVIGATION CO. Defendants/Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on Thursday, April 5, 2001) [1] We are not satisfied that the trial judge [Barzelex Inc. v. The M.V. "EBN Al Waleed" et al., 1999 F.C.J. No. 1839 (QL) (Hugessen J.)] erred in any of the ways raised before us. [2] On the contrary, we are of the view that in light of the evidence before him, it was open to him to make the finding he made at paragraph 8 of his reasons: The original, 1955, enactment of the Hague Rules was never repealed however with the result that Turkish national law now apparently contains both a textual adoption of the Hague Rules and a national adaptation thereof as permitted by the Protocol of Signature. [3] The appeal will be dismissed with costs below and on appeal. Alice Desjardins J.A. Certified true translation Peter Douglas
FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20010405 Docket: A-849-99 ADMIRALTY ACTION IN PERSONAM AND IN REM Between: BARZELEX INC. Plaintiff/Appellant AND THE M.V. "EBN AL WALEED" and EGYPTIAN NAVIGATION CO. Defendants/Respondents
REASONS FOR JUDGMENT OF THE COURT
Date: 20010405 Docket: A-849-99 MONTRÉAL, QUEBEC, THE 5th DAY OF APRIL 2001 Coram: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. ADMIRALTY ACTION IN PERSONAM AND IN REM Between: BARZELEX INC. Plaintiff/Appellant AND THE M.V. "EBN AL WALEED" and EGYPTIAN NAVIGATION CO. Defendants/Respondents JUDGMENT The appeal is dismissed with costs below and on appeal. Alice Desjardins J.A. Certified true translation Peter Douglas FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-849-99 STYLE OF CAUSE: ADMIRALTY ACTION IN PERSONAM AND IN REM BARZELEX INC. Plaintiff/Appellant AND THE M.V. "EBN AL WALEED" and EGYPTIAN NAVIGATION CO. Defendants/Respondents PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: April 5, 2001 REASONS FOR JUDGMENT BY THE HONOURABLE DESJARDINS J.A. DATED: April 5, 2001 APPEARANCES: Richard Desgagnés FOR THE PLAINTIFF/APPELLANT Sean J. Harrington FOR THE DEFENDANTS/RESPONDENTS SOLICITORS OF RECORD: Ogilvy Renault FOR THE PLAINTIFF/APPELLANT Montréal, Quebec McMaster Gervais FOR THE DEFENDANTS/RESPONDENTS Montréal, Quebec |
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