Date: 19990831
Docket: T-137-99
MONTREAL, QUEBEC, THIS 31st DAY OF AUGUST 1999
PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY
Between:
FURNESS LOGISTICS (DORDRECHT) b.v.
Plaintiff
AND
DILLON REID INTERNATIONAL
FREIGHT SYSTEMS INC. and
VELCO CHEMICALS INC.
Defendants
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, ESQ., PROTHONOTARY:
[1] For the limited purpose of this motion, I am not satisfied that the Plaintiff has sufficiently evidenced a contractual relationship between it and the Defendant Velco Chemicals Inc. (Velco) concerning the containers in issue which are the property of Velco. Also, I cannot hold that an agency relationship existed between the two Defendants so as to render Velco responsible for the debts of the Defendant Dillon Reid International Freight Systems Inc.
[2] Consequently, the instant motion by the Plaintiff for an order that the chemical contents of five tank containers, being Nos. TMLU5730946, TMLU5733185, TMLU5733346, TMLU7240125 and TMLU7240188, be sold (the property) is denied. As suggested by Velco, the property shall be returned to Velco upon payment of amounts invoiced to it by Plaintiff and amounts due for the last shipment.
[3] Costs on this motion shall be in the cause.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.:
STYLE OF CAUSE:
T-137-99
FURNESS LOGISTICS (DORDRECHT) b.v.
Plaintiff
AND
DILLON REID INTERNATIONAL FREIGHT SYSTEMS INC. and
VELCO CHEMICALS INC.
Defendants
PLACE OF HEARING:Montreal, Quebec
DATE OF HEARING:August 30, 1999
REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY
DATE OF REASONS FOR ORDER:August 31, 1999
APPEARANCES:
| Mr. Trevor Bishop |
for the Plaintiff |
| Mr. Aaron Rodgers |
for the Defendants |
SOLICITORS OF RECORD:
| Brisset Bishop Mr. Trevor Bishop Montreal, Quebec |
for the Plaintiff |
| Spiegel Sohmer Mr. Aaron Rodgers Montreal, Quebec |
for the Defendants |