Date: 20041108
Docket: T-109-97
Citation: 2004 FC 1572
Montréal, Quebec, November 8, 2004
Present: RICHARD MORNEAU, ESQ., PROTHONOTARY
Action in rem against the Ship "SEPTEMBER" (a.k.a. DESPERADO)
BETWEEN:
DOUGLAS GILLING
Plaintiff
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Represented by THE MINISTER OF TRANSPORT
and
DENISE SHEPPARD
and
ALLEN COX
and
THE OWNERS AND ALL OTHERS
INTERESTED IN THE SHIP
SEPTEMBER (A.K.A. DESPERADO)
Defendants
Motion in writing on behalf of the defendant Allen Cox for an order postponing the trial, or an order requiring the plaintiff to pay the defendant Cox's travel expenses or an order allowing the defendant Cox the right to defend the claim against him in writing without personal appearance.
REASONS FOR ORDER AND ORDER
[1] Upon considering the Direction of this Court dated November 2, 2004 and the written representations filed by the plaintiff and the defendant Cox in relation thereto (and despite the service difficulties experienced by the plaintiff in relation to the service on the defendant Cox of his motion record in response), for the reasons set forth hereunder, none of the above demands of the defendant Cox are granted and, consequently, the defendant Cox's motion is denied, with costs in the cause.
[2] With respect to the defendant Cox's demand for a postponement of the trial scheduled in this case to begin on November 15, 2004, one must remember that the said trial has been scheduled to proceed on that date by an order dated December 15, 2003. None of the various reasons raised by the defendant Cox are correctly evidenced or are of such an exceptional nature or truly recent to warrant the extraordinary measure of postponing the trial in this case.
[3] As for the demand that the plaintiff pay the defendant Cox's travel expenses, said avenue is most unprecedented. Additionally, although the unsworn allegations submitted by the defendant allude to the fact that the defendant Cox appears to be in a difficult financial situation, the defendant Cox has presented no evidence which could lead this Court to grant the defendant the remedy sought for.
[4] With respect to granting the defendant the right to defend the claim against him in writing without personal appearance, again the said remedy or demand cannot be met since there are no provisions in the Federal Court Rules, 1998 for a trial to be heard or judged on the basis of written representations.
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Richard Morneau |
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Prothonotary |
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET NO.:
STYLE OF CAUSE:
T-109-97
Action in rem against the Ship "SEPTEMBER" (a.k.a. DESPERADO)
BETWEEN:
DOUGLAS GILLING
Plaintiff
AND
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Represented by THE MINISTER OF TRANSPORT
and
DENISE SHEPPARD
and
ALLEN COX
and
THE OWNERS AND ALL OTHERS INTERESTED IN THE SHIP SEPTEMBER (A.K.A. DESPERADO)
Defendants
WRITTEN MOTION EXAMINED IN MONTRÉAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ORDER :Richard Morneau, Prothonotary
DATE OF REASONS FOR ORDER:November 8, 2004
WRITTEN OBSERVATIONS:
| Mr. Douglas Gilling |
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FOR THE PLAINTIFF |
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| Mr. Allen Cox |
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FOR THE DEFENDANT ALLEN COX |
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SOLICITORS OF RECORD:
| Mr. Morris Rosenberg Deputy Attorney General of Canada |
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FOR THE DEFENDANT HER MAJESTY THE QUEEN |
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| Stikeman, ElliottMontréal, Quebec |
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FOR THE DEFENDANT DENISE SHEPPARD |