Date: 20010905
Neutral citation: 2001 FCA 258
CORAM: RICHARD C.J.
DESJARDINS J.A.
BETWEEN:
PETAR MARKOVIC ON HIS BEHALF AND ON BEHALF OF
HIS SPOUSE AND ON BEHALF OF HIS DEFENDANTS MIKLA
MARKOVIC, GORAN MARKOVIC AND BOBAN
MARKOVIC
Appellants
and
ABTA SHIPPING COMPANY LIMITED,
TRADE FORTUNE INC. S.A.;
Respondents
and
THE OWNERS AND ALL OTHERS INTERESTED IN
THE VESSEL "FLARE";
THE VESSEL "FLARE" AND/OR THE PROCEEDS OF
ANY CLAIMS UPON POLICIES OF INSURANCE
Third Party
Heard at Ottawa, Ontario, on September 5, 2001.
Judgment delivered from the Bench at Ottawa, Ontario, on September 5, 2001.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 200100905
Neutral citation: 2001 FCA 258
BETWEEN:
PETAR MARKOVIC ON HIS BEHALF AND ON BEHALF OF
HIS SPOUSE AND ON BEHALF OF HIS DEFENDANTS MIKLA
MARKOVIC, GORAN MARKOVIC AND BOBAN
MARKOVIC
Appellants
and
ABTA SHIPPING COMPANY LIMITED,
TRADE FORTUNE INC. S.A.;
Respondents
and
THE OWNERS AND ALL OTHERS INTERESTED IN
THE VESSEL "FLARE";
THE VESSEL "FLARE" AND/OR THE PROCEEDS OF
ANY CLAIMS UPON POLICIES OF INSURANCE
Third Party
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario,
on September 5, 2001.)
[1] We are of the view that this appeal should be allowed. Paragraph 2 of the Rule 90 of the Federal Court Rules, 1998 allowed the Prothonotary to grant the order that he gave and the motions Judge erred in setting it aside.
[2] The appeal will be allowed, the decision of the motions Judge will be set aside and, rendering the decision which the motions Judge ought to have rendered, the appeal from the order of the Prothonotary will be dismissed with costs here and before the motions Judge.
"Marc Noël"
J.A.