Case information
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24351
Armada Lines Ltd. (now Clipper Shipping Lines) v. Chaleur Fertilizers Ltd.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-12-08 | Record returned to the Registrar of the Court of Appeal, (1 env. and 8 boxes) sent together with 25262 and 25810 | |
| 1997-08-14 | Appeal closed | |
| 1997-07-09 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario) | |
| 1997-07-09 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1997-07-09 | Copy of formal judgment being prepared, Fraser & Beatty (Ottawa, ON) | |
| 1997-06-27 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1997-06-27 | Notice of deposit of judgment sent to all parties, Fraser & Beatty | |
| 1997-06-26 |
Judgment on the appeal rendered, LaF L'HD So G Co Ia Ma, The appeal is allowed in part as follows. The appeal from the judgment of the Federal Court of Appeal on the respondent's counterclaim is allowed with costs. However, the respondent may recover its costs in the motion to strike the action in rem and to set aside the arrest. These costs include the $3,806.37 in interest costs incurred as a result of maintaining the $80,000 security. Because success has been divided, costs ordered in the courts below should not otherwise be disturbed. Allowed, no order as to costs |
|
| 1997-03-25 | General proceeding, transcript received and distributed to the justices (58 pages) | |
| 1997-03-11 |
Hearing of the appeal, 1997-03-11, LaF L'HD So G Co Ia Ma Decision reserved |
|
| 1997-03-07 | Correspondence (sent by the Court) to, from Gowlings re: duration of argument | |
| 1997-03-04 | Book of authorities, 10 copies, Completed on: 1997-03-04 | Chaleur Fertilizers Ltd. |
| 1997-02-28 | Book of authorities, 10 copies of vol. 1 and 2, Completed on: 1997-02-28 | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1997-02-28 | Correspondence (sent by the Court) to, from McMaster, Meighen, letter dated Feb. 28, 1997 re: duration of argument | |
| 1997-01-27 |
Appeal hearing scheduled, 1997-03-11 Decision reserved |
|
| 1996-11-06 | Respondent's factum, 24 copies, with service, Completed on: 1996-11-06 | Chaleur Fertilizers Ltd. |
| 1996-10-29 | Appeal perfected for hearing, Session beginning on 1997-01-20 | |
| 1996-09-03 | Appellant's factum, 24 copies (see order of July 8/96), with service, Completed on: 1996-09-03 | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1996-08-08 | Appeal court record, 1 box (joint with Trial record) | |
| 1996-08-08 | Trial court record, 1 box (joint with C/A record) | |
| 1996-08-08 | Certified casebook, (service admitted on July 22/96), with service | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1996-07-22 | Case on appeal, 23 copies (see order July 8/96), with service | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1996-07-11 | Order on motion to extend time, to file case on appeal | |
| 1996-07-11 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 1996-07-09 | Proof of service, of the notice of motion | |
| 1996-07-08 |
Decision on motion to extend time, to file the case on appeal to July 31/96 & appellant's factum to Aug 31/96, Ma Granted, no order as to costs |
|
| 1996-07-08 | Hearing of motion to extend time, 1996-07-08, to file the case on appeal to July 31/96 & appellant's factum to Aug 31/96, Ma | |
| 1996-07-08 | Submission of motion to extend time, 1996-07-08, to file the case on appeal to July 31/96 & appellant's factum to Aug 31/96, Ma | |
| 1996-07-08 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, Ma Granted, no order as to costs |
|
| 1996-07-08 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-07-08, Ma | |
| 1996-07-08 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-07-08, Ma | |
| 1996-07-04 | $50.00 filing fee for notice of motion, receipt no. 32325 | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1996-07-04 | Response to motion to extend time, of Thomas L. McGloan - 2 copies, Completed on: 1996-07-04 | Chaleur Fertilizers Ltd. |
| 1996-07-04 | Affidavit, of Jon H. Scott - 2 copies, with service | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1996-07-04 | Motion to extend time, to file the case on appeal to July 31/96 and the appellant's factum to August 31/96 (joint) - 2 copies, with service, Completed on: 1996-07-04 | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1996-07-04 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, 2 copies (joint with second motion to extend the time to file the case on appeal and appellant's factum), with service, Completed on: 1996-07-04 | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1996-06-04 | General proceeding, (Advised Jon Scott by phone of procedures to be taken) | |
| 1996-06-04 | Correspondence (sent by the Court) to, from Joh Scott to M. Larmour, letter dated May 30/96 re: no representations in response to the motion to settle the case have been received yet | |
| 1996-04-16 | Correspondence (sent by the Court) to, (by fax) from McMaster, Meighen; re: motion in the F.C.A.; wait for order before proceeding with the preparation and filing of material in S.C.C. | |
| 1996-03-19 | General proceeding, to note a copy of"Notice of Motion to settle the Case stated to the Supreme Court of Canada" in the Federal of Court of Appeal | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1996-03-04 | Proof of service, of the motions that the appeal not be abandoned and extension of time (service admitted on Feb. 9/96) | |
| 1996-02-20 | Proof of service, of motion deemed not abandoned and extension of time | |
| 1996-02-16 | $50.00 filing fee for notice of motion, receipt no. 31564 | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1996-02-13 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, So Granted, no order as to costs |
|
| 1996-02-13 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-02-13, So | |
| 1996-02-13 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-02-13, So | |
| 1996-02-13 |
Decision on motion to extend time, by 1 month to file the case on appeal & by 6 months to file the factum from the date of this order, So Granted, no order as to costs |
|
| 1996-02-13 | Hearing of motion to extend time, 1996-02-13, by 1 month to file the case on appeal & by 6 months to file the factum from the date of this order, So | |
| 1996-02-13 | Submission of motion to extend time, 1996-02-13, by 1 month to file the case on appeal & by 6 months to file the factum from the date of this order, So | |
| 1996-02-09 | Response to motion to extend time, of Thomas L. McGloan (consent under form of affidavit), Completed on: 1996-02-09 | Chaleur Fertilizers Ltd. |
| 1996-02-09 | Affidavit, of Jon H. Scott (1 copy) | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1996-02-09 | Motion to extend time, to file the case on appeal by 1 month of the decision of this motion and to file the appellant's factum by 6 months of the decision of this motion, Completed on: 1996-02-09 | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1996-02-09 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (joint with extension of time - $50.00 requested), Completed on: 1996-02-09 | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1995-08-28 | Correspondence (sent by the Court) to, of Thomas L. McGloan (Gilbert, McGloan) to advise the Court that there is no issue of Constitutional validity or applicability of Federal or Provincial legislation in this appeal | |
| 1995-08-17 | Proof of service, of the notice of appeal | |
| 1995-08-14 | Correspondence (sent by the Court) to, sent to Gilbert, McGloan, Gillis (Saint-John, NB) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson | |
| 1995-08-14 | Correspondence (sent by the Court) to, sent to McMaster Meighen (Montreal, QC) enclosing copy of Rule 32 | |
| 1995-08-02 | Notice of appeal, With service | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1995-06-29 |
Judgment of the Court on the application for leave to appeal, LaF Co Ma, The application for leave to appeal is granted on the claim for damages for wrongful arrest of cargo only. Granted, no order as to costs |
|
| 1995-06-29 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-06-29 | Notice of deposit of judgment issued to all parties, McMaster Meighen (Montréal, QC) | |
| 1995-01-13 | Proof of service, of reply | |
| 1995-01-12 | All materials on application for leave submitted to the Judges, LaF Co Ma | |
| 1995-01-09 | Applicant's reply to respondent's argument, 4 copies | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1995-01-03 | Respondent's response on the application for leave to appeal, 5 copies | Chaleur Fertilizers Ltd. |
| 1994-12-22 | General proceeding, 4 copies of Amended Memorandum of argument pursuan t to the Order of Cory, J. dated Nov. 25/94 | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1994-11-25 |
Decision on motion to strike out, Co, the affidavit of William Tetley filed on the application for leave to appeal to this Court is granted (for reasons see file). In the result I would extend time for filing this application, strike out the affidavit and grant the applicant, if desired, 30 days to file and serve an amended factum on the leave application. If the applicant Armada Lines Ltd. files an amended factum the respondent will have 10 days from the date of the filing and serving of the amended factum to file its response. If no amended factum if filed within the 30 days period the respondent will have 40 days from this date or 10 days from the date it receives notice that no amended factum will be filed to file its response. The costs of the application are to go to the respondent. Granted, no order as to costs |
|
| 1994-11-25 | Hearing of motion to strike out, 1994-11-25, Co | |
| 1994-11-25 | Submission of motion to strike out, 1994-11-25, Co | |
| 1994-11-22 | General proceeding, (MOTION TO STRIKE REFERRED TO CORY J. TO BE DEALT WITH IN WRITING) | |
| 1994-11-21 | General proceeding, 2 copies of REPLY OF CHALEUR FERTILIZERS TO THE RESPONSE TO THE MOTION TO STRIKE (book form) | Chaleur Fertilizers Ltd. |
| 1994-11-21 | Correspondence received from, from McMaster, Neighen re: acknowledge receipt of the "reply of Chaleur Fertilizers Ltd," on the motion to strike | |
| 1994-11-18 | Proof of service, of the motion to srike affidavit of William Tetley | |
| 1994-11-18 | General proceeding, 2 copies of RESPONSE TO MOTION TO STRIKE AFFIDAVIT OF WILLIAM TETLEY (2 copies - book form), with service | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1994-11-14 | Motion to extend time, to file the respondent's response to Nov. 21/94 (book form - joint with motion to strike out the affidavit of William Tetley) - 2 copies | Chaleur Fertilizers Ltd. |
| 1994-11-14 | Motion to strike out, THE AFFIDAVIT OF WILLIAM TETLEY (book form) - joint with extension of time to file the respondent's response - 2 copies | Chaleur Fertilizers Ltd. |
| 1994-11-04 | Proof of service, of the application for leave to appeal | |
| 1994-11-04 | Correspondence received from, sent to Gilbert, McGloan, Gillis (Saint-John, NB) enclosing copy of letter dated Nov 4/94 sent to applicant | |
| 1994-11-04 | Correspondence received from, sent to McMaster Meighen (Montreal. QC) to acknowledge receipt of material commencing a proceeding | |
| 1994-10-26 | $30.00 filing fee, receipt #21132 | Armada Lines Ltd. (now Clipper Shipping Lines) |
| 1994-10-26 | Application for leave to appeal, 5 copies (missing proof of service), Completed on: 1994-11-04 | Armada Lines Ltd. (now Clipper Shipping Lines) |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Armada Lines Ltd. (now Clipper Shipping Lines) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Chaleur Fertilizers Ltd. | Respondent | Active |
Counsel
Party: Armada Lines Ltd. (now Clipper Shipping Lines)
Counsel
Bruce W. Johnston
900 - 1000 RUE DE LA GAUCHETIERE O
MONTRÉAL, Quebec
H3B 4W5
Telephone: (514) 879-1212
Agent
1200 - 180 Elgin St
Ottawa, Ontario
K2P 2K7
Telephone: (613) 783-9600
FAX: (613) 563-7800
Party: Chaleur Fertilizers Ltd.
Counsel
Guy Spavold
710 - 55 UNION ST
PO BOX 7174 RPO BRUNSWICK SQ
SAINT JOHN, New Brunswick
E2L 4S6
Telephone: (506) 634-3600
FAX: (506) 634-3612
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Summary
Keywords
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Summary
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Lower court rulings
Federal Court of Canada, Trial Division
x
Appellant's action allowed
Federal Court of Appeal
A-224-93
appeal allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
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