Date: 20020115
Docket: T-447-01
Neutral citation: 2002 FCT 42
Montreal, Quebec, January 15, 2002
Present: Richard Morneau, Esq., Prothonotary
ADMIRALTY ACTION IN PERSONAM
BETWEEN:
GEARBULK POOL LIMITED
Plaintiff
and
SCAC TRANSPORT CANADA INC.
and
SDV LOGISTICS (CANADA) INC.
Defendants
Motion on behalf of Plaintiff for the preliminary determination of a point of law, the whole with costs.
[Rule 220 of the Federal Court Rules, 1998]
REASONS FOR ORDER AND ORDER
[1] As part of the pre-trial conference held in this simplified action, the Plaintiff on behalf of both parties moved the Court for the determination of a point of law, to wit, the scope of the Receipt, Release and Discharge agreed to by the Plaintiff and the Defendants on January 31, 2001 (the Release).
[2] I agree specifically with the reasons found in paragraphs 1 to 5 of the Plaintiff's Reply to the Defendants' Motion Record, and generally with its approach to the case law as expressed therein.
[3] Consequently, I am of the opinion that the Release does not bar the Plaintiff from pursuing its claim herein.
[4] Once this order becomes final, the parties shall have thirty days to hold settlement discussions and, if those discussions fail, to request in writing the resumption of the pre-trial conference.
[5] Costs of this motion go to the Plaintiff.
[6] For the purpose of rule 51(2), the Defendants shall have thirty (30) days from the date of this order.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET:
STYLE OF CAUSE:
T-447-01
ADMIRALTY ACTION IN PERSONAM
Between:
GEARBULK POOL LIMITED
Plaintiff
and
SCAC TRANSPORT CANADA INC.
and
SDV LOGISTICS (CANADA) INC.
Defendants
PLACE OF HEARING:Montreal, Quebec
DATE OF HEARING:January 11, 2002
REASONS FOR ORDER OF RICHARD MORNEAU, ESQ., PROTHONOTARY
DATED:January 15, 2002
APPEARANCES:
| Mr. Peter Pamel Ms. Christine Kark |
for Plaintiff |
|
| Mr. Jean-Marie Fontaine |
for Defendants |
|
SOLICITORS OF RECORD:
| Borden Ladner Gervais Montreal, Quebec |
for Plaintiff |
|
| Gowling Lafleur Henderson Montreal, Quebec |
| for Defendants |