Date: 20001218
Docket: T-1685-99
MONTREAL, QUEBEC, THIS 18th DAY OF DECEMBER 2000
PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY
ADMIRALTY ACTION IN REM AND IN PERSONAM
Between:
KRUPP NIROSTA EXPORT GMBH,
KRUPP HOESCH STEEL PRODUCTS, INC.,
THEIS PRECISION STEEL CORP.
Plaintiffs
AND
CP CONTAINERS (BERMUDA) LIMITED,
CAST LINE LIMITED,
CAST TERMINAL INC.,
JAYA-TDS SHIPPING LTD.,
THE VESSEL "CAST BEAR",
THE OWNERS AND ALL THOSE INTERESTED
IN THE VESSEL "CAST BEAR"
Defendants
And Between:
CP CONTAINERS (BERMUDA) LIMITED,
CAST LINE LIMITED
Plaintiffs by Counterclaim
AND
KRUPP NIROSTA EXPORT GMBH,
KRUPP HOESCH STEEL PRODUCTS, INC.,
THEIS PRECISION STEEL CORP.
Defendants by Counterclaim
And Between:
CP CONTAINERS (BERMUDA) LIMITED,
CAST LINE LIMITED
Plaintiffs in Third Party Claim
AND
SEA PARK N.V.
Third Party
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, ESQ., PROTHONOTARY:
[1] This is a motion for a stay of the Canadian proceedings by the Plaintiffs in the Third Party Claim (CP Containers (Bermuda) Limited and Cast Line Limited) against the Third Party Sea Park N.V., pursuant to subsection 50(1) of the Federal Court Act, R.S.C. 1985, chapter F-7, as amended, in favour of proceedings commenced in Belgium.
[2] Although the subject matter of the claim herein appears to be similar to the one in the proceedings in Belgium, the proceedings in Belgium have been instituted by Cast Europe N.V. whereas the proceedings herein have been instituted by Cast Line Limited. Therefore, the claiming parties are not the same in the two sets of proceedings. This difference in my opinion is sufficient to consider that section 50 of the Federal Court Act is inapplicable here.
[3] In addition, one must note that the applicant filed its Statement of Defence almost a year ago, and the fact that said defence refers to a jurisdiction clause contained in an agreement does not appear to be sufficient to sustain the argument that the applicant has not attorned to the jurisdiction of this Court.
[4] Finally, as to the agreement referred to above, in addition to the attornment issue, Cast Line Limited is not a party to it.
[5] Therefore, this motion is denied with costs.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-1685-99
STYLE OF CAUSE:
ADMIRALTY ACTION IN REM AND IN PERSONAM
| Between: |
| KRUPP NIROSTA EXPORT GMBH, KRUPP HOESCH STEEL PRODUCTS INC., THEIS PRECISION STEEL CORP. |
Plaintiffs
AND
| CP CONTAINERS (BERMUDA) LIMITED, CAST LINE LIMITED, CAST TERMINAL INC., JAYA-TDS SHIPPING LTD., THE VESSEL "CAST BEAR", THE OWNERS AND ALL THOSE INTERESTED IN THE VESSEL "CAST BEAR" |
Defendants
And Between:
| CP CONTAINERS (BERMUDA) LIMITED, CAST LINE LIMITED |
Plaintiffs by Counterclaim
AND
| KRUPP NIROSTA EXPORT GMBH, KRUPP HOESCH STEEL PRODUCTS, INC., THEIS PRECISION STEEL CORP. |
Defendants by Counterclaim
And Between:
| CP CONTAINERS (BERMUDA) LIMITED, CAST LINE LIMITED |
Plaintiffs in Third Party Claim
AND
SEA PARK N.V.
Third Party
PLACE OF HEARING:Montreal, Quebec
DATE OF HEARING:December 11, 2000
REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY
DATE OF REASONS FOR ORDER:December 18, 2000
APPEARANCES:
| Mr. Pierre G. Côté |
for the Defendants |
| Mr. Simon Barker |
for the Third Party |
SOLICITORS OF RECORD:
| Sproule, Castonguay, Pollack Montreal, Quebec |
for the Plaintiffs |
| Ogilvy Renault Montreal, Quebec |
for the Defendants |
| Oland & Co. Vancouver, B.C. |
for the Third Party |