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Date: 20020506 Docket: A-630-01 Neutral citation: 2002 FCA 173 CORAM: DESJARDINS J.A. ACTION IN REM AGAINST THE VESSELS "VOLTA RIVER" AND "KETA LAGOON" AND IN PERSONAM AGAINST STATE SHIPPING CORPORATION (BLACK STAR LINE), POLAR STEAMSHIP LINE AND PUM YANG EXPRESS INC., THE OWNERS, CHARTERERS AND ALL THOSE INTERESTED IN THE VESSELS "VOLTA RIVER" AND "KETA LAGOON" BETWEEN: KOREA HEAVY INDUSTRIES & CONSTRUCTION CO. LTD., DOMINION BRIDGE INC., SSAGYONG FIRE & MARINE INSURANCE CO. LTD. (formerly known as the Koryo Fire & Marine Insurance Company Ltd.), ALL THOSE PERSONS HAVING AN INTEREST IN THE CARGO LADEN ON BOARD THE VESSEL "VOLTA RIVER" (bills of lading No. PYE-106687 and/or No. 1) Plaintiffs (APPELLANTS) and POLAR STEAMSHIP LINE, PUM YANG EXPRESS U.S.A. INC., STATE SHIPPING CORPORATION (BLACK STAR LINE), THE VESSEL "VOLTA RIVER", THE OWNERS, CHARTERERS AND ALL OTHERS INTERESTED IN THE VESSEL "VOLTA RIVER", THE VESSEL "KETA LAGOON", THE OWNERS, CHARTERERS AND ALL OTHERS INTERESTED IN THE VESSEL "KETA LAGOON" Defendants (RESPONDENTS) and PUM YANG EXPRESS U.S.A. INC. Plaintiff in indemnity and POLAR STEAMSHIP LINE STATE SHIPPING CORPORATION (BLACK STAR LINE) Defendants in indemnity Heard at Montreal, Quebec, on May 6, 2002. Judgment delivered from the Bench at Montreal, Quebec, on May 6, 2002. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20020506 Docket: A-630-01 Neutral citation: 2002 FCA 173 CORAM: DESJARDINS J.A. ACTION IN REM AGAINST THE VESSELS "VOLTA RIVER" AND "KETA LAGOON" AND IN PERSONAM AGAINST STATE SHIPPING CORPORATION (BLACK STAR LINE), POLAR STEAMSHIP LINE AND PUM YANG EXPRESS INC., THE OWNERS, CHARTERERS AND ALL THOSE INTERESTED IN THE VESSELS "VOLTA RIVER" AND "KETA LAGOON" BETWEEN: KOREA HEAVY INDUSTRIES & CONSTRUCTION CO. LTD., DOMINION BRIDGE INC., SSAGYONG FIRE & MARINE INSURANCE CO. LTD. (formerly known as the Koryo Fire & Marine Insurance Company Ltd.), ALL THOSE PERSONS HAVING AN INTEREST IN THE CARGO LADEN ON BOARD THE VESSEL "VOLTA RIVER" (bills of lading No. PYE-106687 and/or No. 1) Plaintiffs (APPELLANTS) and POLAR STEAMSHIP LINE, PUM YANG EXPRESS U.S.A. INC., STATE SHIPPING CORPORATION (BLACK STAR LINE) THE VESSEL "VOLTA RIVER", THE OWNERS, CHARTERERS AND ALL OTHERS INTERESTED IN THE VESSEL "VOLTA RIVER", THE VESSEL "KETA LAGOON", THE OWNERS, CHARTERERS AND ALL OTHERS INTERESTED IN THE VESSEL "KETA LAGOON" Defendants (RESPONDENTS) and PUM YANG EXPRESS U.S.A. INC. Plaintiff in indemnity and POLAR STEAMSHIP LINE STATE SHIPPING CORPORATION (BLACK STAR LINE) Defendants in indemnity REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montreal, Quebec on May 6, 2002) [1] These are three motions by three of the defendants/respondents (Polar Steamship Line, Pum Yang Express U.S.A. Inc., and State Shipping Corporation (Black Star Line), together with the vessel "Volta River"), for an order to dismiss an appeal from an order of Pinard J. which confirmed, for the most part, an earlier order by Prothonotary Morneau. [2] Pinard J. concluded that, although the plaintiffs/appellants notified the defendants/respondents of their intentions to examine for discovery representatives of the defendant/respondent State Shipping Corporation (Black Star Line), they failed to move their case ahead. The plaintiffs/appellants, he stated, made no further request to arrange for a date and place to hold such examination within the permitted delay and did not tender conduct money. Considering the long history of delay in this case, Pinard J., as was done earlier by Prothonotary Morneau, precluded the plaintiffs/appellants from proceeding to the discovery of any of the defendants/respondents. He laid down guidelines for the continuation of the action and awarded costs of $1 500 to the defendants/respondents that filed representations. [3] All three defendants/respondents inform us that, although the plaintiffs/appellants appealed Pinard J.'s order, they never requested an agreement as to the content of the appeal book nor did they request this Court to decide on its content. The delays for obtaining an agreement and for the filing of an appeal book have long expired. [4] The plaintiffs/appellants did not file representations on the motions to dismiss the appeal nor did they appear before us. The reasons for the delay remain unexplained (Rule 167 of the Federal Court Rules). [5] We are all of the view that this appeal should be dismissed with costs fixed at $1 500 to each of the three defendants/respondents that filed representations. These costs and those of $1 500 awarded by Pinard J. are to be paid forthwith. "Alice Desjardins" J.A.
FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20020506 Docket: A-630-01 BETWEEN: KOREA HEAVY INDUSTRIES & CONSTRUCTION CO. LTD. ET AL. Plaintiffs (APPELLANTS) and POLAR STEAMSHIP LINE ET AL. Defendants (RESPONDENTS)
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-630-01 STYLE OF CAUSE: KOREA HEAVY INDUSTRIES & CONSTRUCTION CO. LTD. ET AL. Plaintiffs (APPELLANTS) and POLAR STEAMSHIP LINE ET AL. Defendants (RESPONDENTS)
PLACE OF HEARING: Montreal, Quebec DATE OF HEARING: May 6, 2002 REASONS FOR JUDGMENT OF THE COURT BY DESJARDINS J.A. CONCURRED IN BY: LÉTOURNEAU J.A. PELLETIER J.A. DATED: May 6, 2002 APPEARANCES: Mr. Peter G. Pamel FOR THE DEFENDANT/RESPONDENT Pum Yang Express U.S.A. Inc. Mr. Trevor Bishop FOR THE DEFENDANT/RESPONDENT Polar Steamship Line SOLICITORS OF RECORD: The Law Offices of J. Kenrick Sproule FOR THE PLAINTIFFS/APPELLANTS Montreal, Quebec Borden Ladner Gervais FOR THE DEFENDANT/RESPONDENT Montreal, Quebec Pum Yang Express U.S.A. Line Brisset Bishop FOR THE DEFENDANT/RESPONDENT Montreal, Quebec Polar Steamship Line Bull, Housser & Tupper FOR THE DEFENDANTS/RESPONDENTS Vancouver, B.C. State Shipping Corporation and Volta River |
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