Date: 19990125
Docket: T-2341-98
Application under Articles 35 and 36 of the
Commercial Arbitration Code set out in the
schedule to the Commercial Arbitration Act.
BETWEEN:
ORDINA SHIPMANAGEMENT LTD.
care of Interorient Navigation Co. Ltd.
Applicant
AND
UNISPEED GROUP INC.
Respondent
ORDER AND REASONS FOR ORDER
NADON, J.
[1] This is an application by Ordina Shipmanagement Ltd. "(Ordina)" for the registration of a foreign arbitration award issued in its favour against the respondent Unispeed Group Inc. "(Unispeed)".
[2] The award was rendered in London, England on December 14th, 1998 by three arbitrators namely, John Schofield, William Packard and Michael Baker-Harber. Pursuant to the award, Unispeed was ordered to pay forthwith to Ordina the sums of U.S. $485,788.66 and U.S. $65,135.44 for a total sum of U.S. $550,924.10. The arbitrators ordered that compound interest on a quarterly basis at a rate of 7.5% was payable on the sum of U.S. $485,788.66 from August 26th, 1998 to the date of payment and compound interest on a quarterly basis at a rate of 7% was payable on the sum of U.S. $65,134.44 from November 6, 1998 to the date of payment.
[3] Further, the arbitrators ordered Unispeed to reimburse Ordina the cost of the award which the arbitrators settled in the sum of "4,950 together with compound interest on a quarterly basis at a rate of 7% from December 14, 1998.
[4] No appeal of the arbitration award is pending and the delay to file a notice of appeal from the arbitration award has elapsed. The arbitration award is now final.
[5] In support of its application, Ordina filed the affidavits of Paul Raymond Herring, dated December 21, 1998 and January 20, 1999, a solicitor of the Supreme Court of England Wales and a partner of the London firm of solicitors Ince & Co. who were instructed by Ordina in connection with the arbitration proceedings in London. Ordina also filed the affidavits of Joanne Wilkins, an employee in the accounting department of the law firm of McMaster Gervais, the solicitors of record for Ordina. In her second affidavit dated January 20th, 1999 Ms Wilkins sets out the relevant exchange rates between the Canadian dollar, the U.S. dollar and the English pound. Further, Ms Wilkins calculated the appropriate interest based on the rates set out in the arbitration award.
[6] Mr. Pamel appeared for Ordina and Mr. Buteau for Unispeed. Although he did not consent to the application, Mr. Buteau did not oppose it. Mr. Pamel submitted a draft order for my consideration and suggested that certain changes be made to the draft order. After reviewing the relevant affidavits and the documents attached thereto, I hereby make the following order:
| 1. The interim final arbitral award dated December 14th, 1998 issued in London in favour of Ordina Shipmanagement Ltd. against Unispeed Group Inc. is hereby recognized by, and registered as a judgment of, this Court; |
| 2. Unispeed Group Inc. is hereby Ordered to pay to Ordina Shipmanagement Ltd. the sum of CA $753,021.00, plus interest thereon at the rate of 7.5% per annum, compounded quarterly from August 26th, 1998 to the date of full payment, and is further Ordered to pay an additional sum of CA $100,269.49, plus interest thereon at the rate of 7% per annum, compounded quarterly from November 6th, 1998 to the date of full payment; |
| 3. It is further Ordered that Unispeed Group Inc. pay to Ordina Shipmanagement Ltd., as costs, the amount of CA $12,687.35, plus interest thereon at the rate of 7% per annum, compounded quarterly from December 14th, 1998. |
| 4. The costs of this motion shall be in the cause. |
Marc Nadon
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19999125
Docket: T-2341-98
Application under Articles 35 and 36 of the
Commercial Arbitration Code set out in the
schedule to the Commercial Arbitration Act.
BETWEEN:
ORDINA SHIPMANAGEMENT LTD.
care of Interorient Navigation Co. Ltd.
Applicant
AND
UNISPEED GROUP INC.
Respondent
ORDER AND REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-2341-98
STYLE OF CAUSE: ORDINA SHIPMANAGEMENT LTD.
care of Interorient Navigation Co. Ltd.
Applicant
AND:
UNISPEED GROUP INC.
Respondent
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: January 25, 1999
REASONS FOR JUDGMENT OF NADON J.
DATED: January 25, 1999
APPEARANCES:
Mr. Peter Pamel for the Applicant
Mr. Louis Buteau for the Respondent
Mr. Richard Desgagnés for Intervenor International Maritime Services Inc.
SOLICITORS OF RECORD:
McMASTER GERVAIS
Montreal, Quebec for the Applicant
SPROULE, CASTONGUAY
Montreal, Quebec for the Respondent
OGILVY RENAULT
Montreal, Quebec for Intervenor International Maritime Services Inc.