Date: 19971120
Docket: T-657-96
Action in rem against the ship "ICELANDIC HARVESTER"
BETWEEN:
METAL MANU-WORKS LIMITED
Plaintiff
- and -
THE OWNERS AND ALL OTHERS INTERESTED
IN THE SHIP "ICELANDIC HARVESTER"
Defendants
REASONS FOR JUDGMENT
LUTFY J.
[1] Counsel for the defendants now acknowledges the appropriate service of the action in rem. The objections concerning the indorsement (Form 4) are "at most mere irregularities and not fatal defects": Lorac Transport v. The Ship "ATRA", [1985] 1 F.C. 459 at 469. The plaintiff's motion for summary judgment is granted and the plaintiff's action maintained in the amount of $3,881.19 with pre-judgment and post-judgment interest in accordance with sections 36 and 37 of the Federal Court Act and costs. Pursuant to rule 337(2)(b), the plaintiff may prepare a draft of the appropriate judgment and move for judgment accordingly.
Judge
Ottawa, Ontario
November 20, 1997
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-657-96
STYLE OF CAUSE: METAL MANU- WORKS LIMITED and THE OWNERS AND ALL INTERESTED IN THE SHIP "ICELANDIC HARVESTER"
PLACE OF HEARING
BY CONFERENCE CALL: Ottawa, Ontario
DATE OF HEARING: November 20, 1997
REASONS FOR JUDGMENT: The Honourable Mr. Justice Lutfy
DATED: November 20, 1997
APPEARANCES:
Mr. Wendell J.W. O'Reilly FOR THE PLAINTIFF
Mr. John R. Sinnott, Q.C .FOR THE DEFENDANTS
SOLICITORS OF RECORD:
MacBeath Edwards FOR THE PLAINTIFF Marystown, Newfoundland
Lewis, Sinnott, Shortall FOR THE DEFENDANTS St. John's Newfoundland