Date: 19990712
Docket: T-2014-98
BETWEEN:
RONALD A. CHISHOLM LIMITED
and PRIMO SMALLGODDS PTY, LIMITED
Plaintiff
- and -
BLUE STAR LINE (NORTH AMERICA) LIMITED,
BLUE STAR LINE MARINE LTD. and
BLUE STAR SHIP MANAGEMENT LTD.
Defendants
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] Notice of status review was sent on this file requiring the defendants to show cause why default judgment should not be entered. Notice was sent by the Court to the defendants to the addresses shown for them on the statement of claim.
[2] Notice was sent Blue Star Line (North America) Limited (hereinafter "North America") at 20 Dundas Street West, Box 93, Toronto, Ontario. I note the plaintiff has filed an Affidavit purporting to show service on the agent of that defendant, P & O Nedloyd (hereinafter "P & O"), at 701 Evans Avenue. These facts lead me to question whether North America was served with the notice of status review. I notice that each of the defendants purports to have been served by serving P & O. The statement of claim alleges North America carried on business in Canada through its registered office in Toronto. This raises the further question as to whether North America was properly served with the statement of claim.
[3] The statement of claim was allegedly served on Blue Star Line Marine Ltd. (hereinafter "Marine") and Blue Star Line Ship Management Ltd. (hereinafter "Management") by serving P & O. No evidence is tendered as to why service on any of the defendants by serving P & O would be deemed personal service. If the plaintiff seeks to rely on rule 135, how can North America be resident outside of Canada and yet, have a registered office in Canada.
[4] In what way did any of the defendants make use of the services of P & O in connection with the contract giving rise to this action. In this regard, no assistance can be gained for the photocopies of the bill of lading filed as, in the Toronto admiralty tradition, they are illegible.
[5] I intend to adjourn this status review to enable the plaintiff to provide evidence of facts entitling it to default judgment.
ORDER
| 1. The completion of the status review in this matter is adjourned to August 16, 1999. |
| 2. The motion for default judgment is dismissed with leave to reapply on better evidence as to the service of the statement of claim and the involvement of each of the defendants in the attempted conveyance of the cargo to Australia. |
| 3. In the meantime, the Registry may file any motion for an extension of time for service of the statement of claim, any motion for judgment in default of defence and any further submissions concerning the status review. |
"Peter A.K. Giles"
Associate Senior Prothonotary
Toronto, Ontario
July 12, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-2014-98 |
| STYLE OF CAUSE: RONALD A. CHISHOLM LIMITED |
| and PRIMO SMALLGODDS PTY, LIMITED |
Plaintiff
| - and - |
| BLUE STAR LINE (NORTH AMERICA) LIMITED, BLUE STAR LINE MARINE LTD. and BLUE STAR SHIP MANAGEMENT LTD. |
Defendants
PURSUANT TO RULE 380
| REASONS FOR ORDER AND ORDER BY: GILES A.S.P. |
DATED: MONDAY, JULY 12, 1999
| WRITTEN REPRESENTATIONS BY: Ms. Sandra E. Scott |
| For the Plaintiff |
SOLICITORS OF RECORD: Beard, Winter
| Barristers & Solicitors |
| 150 King Street West, Suite 900 |
| Toronto, Ontario |
| M5H 2K4 |
| For the Applicant |
ADDRESSES OF THE DEFENDANTS:
| Blue Star Line (North America) Limited c/o P & O Nedloyd 20 Dundas Street West, Box 93 Toronto, Ontario M5G 2C2 |
Blue Star Line Marine Ltd. c/o P & O Nedloyd 701 Evans Avenue Suite 101 Toronto, Ontario M9C 5E9 |
c/o P & O Nedloyd 701 Evans Avenue Suite 101 Toronto, Ontario M9C 5E9 |
| FEDERAL COURT OF CANADA |
Date: 19990712
Docket: T-2014-98
Between:
| RONALD A. CHISHOLM LIMITED |
| and PRIMO SMALLGODDS PTY, LIMITED |
Plaintiff
| - and - |
| BLUE STAR LINE (NORTH AMERICA) LIMITED, BLUE STAR LINE MARINE LTD. and BLUE STAR SHIP MANAGEMENT LTD. |
Defendants
| REASONS FOR ORDER |
| AND ORDER |