Date: 19990407
Docket: T-1942-98
MONTREAL, QUEBEC, THIS 7th DAY OF APRIL 1999
PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY
Between:
STELLA-JONES INC.
and
AXA BOREAL ASSURANCES INC.
Plaintiffs
AND
HAWKNET LTD.
and
SUNLIGHT COMPANIA NAVIERA S.A.
and
SEBILAN COMPANIA NAVIERA S.A.
and
THE OWNERS AND ALL OTHERS INTERESTED
IN THE SHIP MARIANA (Ex "ANAMELI")
Defendants
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, ESQ., PROTHONOTARY:
[1] Although it raises some interesting arguments of procedure, the motion brought forward by the Defendant Hawknet Ltd. must be considered as a motion attacking an irregularity based on rules 56 through 59 of the Federal Court Rules, 1998 (the rules).
[2] In accordance with rule 58(2), a motion raising the non-compliance with the rules must be brought as soon as practicable after the moving party obtains knowledge of the irregularity.
[3] Under the present circumstances, I am not satisfied that Hawknet moved the Court in a timely fashion considering the correspondence exchanged between the parties and the fact that Hawknet has been officially aware of the alleged irregularity regarding the amended statement of claim since February 11, 1999.
[4] Consequently, pursuant to rule 59(a), the instant motion is dismissed with costs in the cause.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.:
STYLE OF CAUSE:
T-1942-98
STELLA-JONES INC. and
AXA BOREAL ASSURANCES INC.
Plaintiffs
AND
HAWKNET LTD. and
SUNLIGHT COMPANIA NAVIERA S.A. and
SEBILAN COMPANIA NAVIERA S.A. and
THE OWNERS AND ALL OTHERS INTERESTED IN THE SHIP MARIANA (Ex "ANAMELI")
Defendants
PLACE OF HEARING:Montreal, Quebec
DATE OF HEARING:April 1, 1999
REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY
DATE OF REASONS FOR ORDER:April 7, 1999
APPEARANCES:
| Mr. Louis Buteau |
for the Plaintiffs |
| Mr. David Colford |
for the Defendant Hawknet Ltd. |
SOLICITORS OF RECORD:
| Sproule, Castonguay, Pollack Mr. Louis Buteau Montreal, Quebec |
for the Plaintiffs |
| Brisset Bishop Mr. David Colford Montreal, Quebec |
for the Defendant Hawknet Ltd. |
| McMaster Gervais Mr. Sean J. Harrington Montreal, Quebec |
for the Defendant Mariana |