Case information
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26083
Sail Labrador Limited v. Owners, Navimar Corporation Ltd. and all others interested in the ship 'Challenge One', et al.
(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) |
|---|---|---|
| 1999-02-04 |
Written reasons rendered after oral judgment, CJ G Co Ia Ma Ba Bi Allowed, costs in this Court and courts below |
|
| 1998-10-27 | General proceeding, transcripts received and distributed to the judges (59 pages) | |
| 1998-10-16 | Copy of formal judgment being prepared, all parties | |
| 1998-10-15 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario) | |
| 1998-10-09 |
Judgment on the appeal rendered, CJ G Co Ia Ma Ba Bi, The appeal is allowed, the decision of the Federal Court of Appeal is set aside, and the judgment of the Trial Court's decision is restored, with costs throughout. Reasons to follow. Allowed, costs in this Court and courts below |
|
| 1998-10-09 | Hearing of the appeal, 1998-10-09, CJ G Co Ia Ma Ba Bi | |
| 1998-09-29 | Notice of appearance, (Alain Pilotte and Julie Bergevin) | Owners, Navimar Corporation Ltd. and all others interested in the ship 'Challenge One' |
| 1998-09-29 | Notice of appearance, (Elizabeth M. Heneghan, Q.C.) | Sail Labrador Limited |
| 1998-09-15 | Notice of hearing, With service | Sail Labrador Limited |
| 1998-09-03 | Appeal hearing scheduled, 1998-10-09 | |
| 1998-06-01 | Correspondence (sent by the Court) to, from E. Heneghan to D. Beaulieu, letter dated May 29, 1998 (fax copy) re: date available for hearing of this appeal | |
| 1998-05-07 | Appeal perfected for hearing, Session beginning on 1998-10-05 | |
| 1998-05-07 | Book of authorities, 12 copies, with service, Completed on: 1998-05-07 | Owners, Navimar Corporation Ltd. and all others interested in the ship 'Challenge One' |
| 1998-05-07 | Respondent's record, 24 copies, with service, Completed on: 1998-05-07 | Owners, Navimar Corporation Ltd. and all others interested in the ship 'Challenge One' |
| 1998-05-07 | Respondent's factum, 24 copies, with service, Completed on: 1998-05-07 | Owners, Navimar Corporation Ltd. and all others interested in the ship 'Challenge One' |
| 1998-03-24 | Appeal court record, 1 box | |
| 1998-03-13 | Book of authorities, 12 copies of vols. 1 and 2, with service, Completed on: 1998-03-13 | Sail Labrador Limited |
| 1998-03-12 | Appellant's factum, 24 copies, with service, Completed on: 1998-03-12 | Sail Labrador Limited |
| 1998-02-23 | Appellant's record, 24 copies, with service, Completed on: 1998-02-23 | Sail Labrador Limited |
| 1997-11-17 | Proof of service, of Notice of Appeal | |
| 1997-11-13 | Correspondence (sent by the Court) to, envoyée à Étude légale Alain R. Pilotte (Montréal, QC) incluant copie de la règle 32 | |
| 1997-11-13 | Correspondence (sent by the Court) to, sent to Elizabeth M. Heneghan Law Office (St. John's, NF) enclosing copy of Rule 32 | |
| 1997-11-12 | Notice of appeal, With service, Completed on: 1997-11-12 | Sail Labrador Limited |
| 1997-11-05 | Order granting leave to appeal | |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1997-10-20 | Notice of deposit of judgment issued to all parties, Me Alain R. Pilotte (Mtl., QC) | |
| 1997-10-16 |
Judgment of the Court on the application for leave to appeal, L'HD So Ia Granted, no order as to costs |
|
| 1997-10-03 | Proof of service, of the applicant's reply, with service | |
| 1997-09-26 | All materials on application for leave submitted to the Judges, 1997-10-16, L'HD So Ia | |
| 1997-09-12 | Memorandum of argument in response to the cross-appeal, 5 copies (joint with applicant's reply on leave to appeal) - book form, with service, Completed on: 1997-09-12 | Sail Labrador Limited |
| 1997-09-12 | Applicant's reply to respondent's argument, 5 copies (joint with response to cross-appeal) - book form, with service, Completed on: 1997-09-12 | Sail Labrador Limited |
| 1997-09-02 | Proof of service, of the respondent`s response and cross-appeal | |
| 1997-08-11 | Notice of application for leave to cross-appeal, 5 copies, with service | Owners, Navimar Corporation Ltd. and all others interested in the ship 'Challenge One' |
| 1997-08-11 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-08-11 | Owners, Navimar Corporation Ltd. and all others interested in the ship 'Challenge One' |
| 1997-07-11 | Correspondence received from, sent to Alain R. Pilotte Law Office (Mtl, QC) enclosing a copy of the letter dated July 11/97 sent to applicant | |
| 1997-07-11 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with enclosed filing fee | |
| 1997-06-13 | $50.00 filing fee, receipt #34328 | Sail Labrador Limited |
| 1997-06-13 | Application for leave to appeal, (as no formal order of T.C.), with service, Completed on: 1997-06-13 | Sail Labrador Limited |
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 |
|---|---|---|
| Sail Labrador Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Owners, Navimar Corporation Ltd. and all others interested in the ship 'Challenge One' | Respondent | Active |
| The Ship 'Challenge One', her equipment bunkers and freights | Respondent | Active |
Counsel
Party: Sail Labrador Limited
Counsel
263 Duckworth St 2nd Floor
Box 931 Stn C
St. John's, Newfoundland & Labrador
A1C 5M3
Telephone: (709) 726-7810
FAX: (709) 972-6787
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Owners, Navimar Corporation Ltd. and all others interested in the ship 'Challenge One'
Counsel
Montréal, Quebec
H2Y 1P5
Telephone: (514) 985-2262
FAX: (514) 428-1692
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: The Ship 'Challenge One', her equipment bunkers and freights
Counsel
Montréal, Quebec
H2Y 1P5
Telephone: (514) 985-2262
FAX: (514) 428-1692
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
Federal Court of Canada, Trial Division
T-275-90
Declaration granted
Federal Court of Appeal
A-533-96
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.
Downloadable PDFs
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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.
Downloadable PDFs
Not available
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.
Downloadable PDFs
Not available