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28472

ECU-Line N.V. v. Z.I. Pompey Industrie, et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2006-03-20 Appeal closed
2003-06-17 Record returned to the Registrar of the Court of Appeal
2003-05-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-05-01 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi LeB, The appeal from the judgment of the Federal Court of Appeal, Number A-29-00, dated January 25, 2001, heard on October 2, 2002 is allowed, the judgments of the courts below are overturned, and a stay of proceedings is issued
in favour of the appellant, with costs to the appellant in this Court and the courts below.

Allowed, costs in this Court and courts below
2002-10-15 Transcript received, (61 pages)
2002-10-02 Judgment reserved OR rendered with reasons to follow
2002-10-02 Hearing of the appeal, 2002-10-02, (V052), CJ G Ia Ma Ba Bi LeB
Judgment reserved
2002-10-02 Acknowledgement and consent for video taping of proceedings
2002-09-13 Notice of appearance, (fax copy) ECU-Line N.V.
2002-09-09 Appeal hearing scheduled, 2002-10-02
Judgment reserved
2002-08-16 Notice of hearing ECU-Line N.V.
2002-07-30 Notice of change of counsel, from Gowling to Davies, Ward Z.I. Pompey Industrie
2002-06-21 Notice of change of counsel, (Bernard & Partners in place of Campney & Murphy) ECU-Line N.V.
2002-04-30 Order on motion to extend time
2002-04-30 Decision on motion to extend time, Reg, to serve and file the respondents' factum and book of authorities to April 8, 2002.
Granted
2002-04-30 Submission of motion to extend time, Reg
2002-04-26 Response to motion to extend time, (Letter Form), from H. Peter Swanson dated March 21, 2002 (fax copy), Completed on: 2002-04-26 ECU-Line N.V.
2002-04-26 Motion to extend time, to file the factum and authorities to April 8, 2002 - 1 copy, Completed on: 2002-04-26 Z.I. Pompey Industrie
2002-04-08 Respondent's book of authorities, Completed on: 2002-04-08 Z.I. Pompey Industrie
2002-04-08 Respondent's factum, (extension of time requested), Completed on: 2002-04-08 Z.I. Pompey Industrie
2002-03-18 Appeal perfected for hearing, Session beginning on 2002-09-30
2002-01-25 Order on motion to extend time
2002-01-25 Decision on motion to extend time, DeRg, to serve and file the appellant's factum, record and book of authorities to Jan. 21, 2002, nunc pro tunc.
Granted
2002-01-25 Submission of motion to extend time, DeRg
2002-01-23 Response to motion to extend time, (Letter Form), from G. Pollack dated Jan. 22, 2002 (fax copy), Completed on: 2002-01-23 Z.I. Pompey Industrie
2002-01-23 Motion to extend time, to file the factum, record and authorities to Jan. 21, 2002, Completed on: 2002-01-23 ECU-Line N.V.
2002-01-21 Appellant's record, Completed on: 2002-01-21 ECU-Line N.V.
2002-01-21 Book of authorities, Completed on: 2002-01-21 ECU-Line N.V.
2002-01-21 Appellant's factum, Completed on: 2002-01-21 ECU-Line N.V.
2001-10-04 Payment out cheque issued, Cheque #275201365817 in the amount of $500.90 payable to Mr. H. Peter Swanson
2001-10-04 Appeal court record, 1 box (joit with Trial record)
2001-09-25 Correspondence received from, J. Beedell dated Sept. 25, 2001 re: requesting a refund of $500.00 and $10.00, as per this appeal comes from the Federal Court, pursuant to s. 64 of the S.C. ECU-Line N.V.
2001-09-17 Notice of deposit for security ECU-Line N.V.
2001-09-14 Letter acknowledging receipt of notice of appeal
2001-09-13 Notice of appeal, Completed on: 2001-09-18 ECU-Line N.V.
2001-09-13 Order granting leave to appeal
2001-09-12 Correspondence (sent by the Court) to, all parties re: tentative scheduling dates
2001-09-07 Notice of deposit of judgment issued to all parties
2001-09-06 Judgment of the Court on the application for leave to appeal
Granted, no order as to costs
2001-07-23 All materials on application for leave submitted to the Judges, L'HD Arb LeB
2001-05-28 Applicant's reply to respondent's argument, Completed on: 2001-05-28 ECU-Line N.V.
2001-05-22 Respondent's response on the application for leave to appeal, (see order), Completed on: 2001-06-07 Z.I. Pompey Industrie
2001-05-01 Letter acknowledging receipt of a complete application for leave to appeal
2001-04-17 Decision on motion to extend time, DeRg, to serve & file the respondents response to May 23, 2001.
Granted, no order as to costs
2001-04-17 Submission of motion to extend time, DeRg
2001-04-11 Response to motion to extend time, (Letter Form), from P. Swanson (1 copy), Completed on: 2001-04-11 ECU-Line N.V.
2001-04-11 Motion to extend time, to serve and file the Response to May 23/01 (1 copy), Completed on: 2001-04-11 Z.I. Pompey Industrie
2001-03-23 Application for leave to appeal, Completed on: 2001-03-23 ECU-Line N.V.

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

Main parties - Appellants
Name Role Status
ECU-Line N.V. Appellant Active

v.

Main parties - Respondents
Name Role Status
Z.I. Pompey Industrie Respondent Active
Société Lyonaise de Messageries Nationales, John S. James Co., Polyfibron Technologies Inc., Ellehammer Packaging Inc., and all others having an interest in the Cargo Laden on Board the M.V. "Canmar Fortune" Respondent Active

Counsel

Party: ECU-Line N.V.

Counsel
H. Peter Swanson
Bernard & Partners
1500 - 570 Granville Street
Vancouver, British Columbia
V6C 3P1
Telephone: (604) 681-1700
FAX: (604) 681-1788
Agent
Jeffrey W. Beedell
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: Z.I. Pompey Industrie

Counsel
George J. Pollack
Davies Ward Phillips & Vineberg LLP
1501 McGill College Avenue, 26th Floor
Montreal, Quebec
H3A 3N9
Telephone: (514) 841-6400
FAX: (514) 841-6499
Email: gpollack@dwpv.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Société Lyonaise de Messageries Nationales, John S. James Co., Polyfibron Technologies Inc., Ellehammer Packaging Inc., and all others having an interest in the Cargo Laden on Board the M.V. "Canmar Fortune"

Counsel
George J. Pollack
Jean-Marie Fontaine
Marc Laflèche
Davies Ward Phillips & Vineberg LLP
1501 McGill College Avenue, 26th Floor
Montreal, Quebec
H3A 3N9
Telephone: (514) 841-6400
FAX: (514) 841-6499
Email: gpollack@dwpv.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

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

December 21, 1999
Federal Court of Canada, Trial Division

T-98-98

Motions to set aside the order of Prothonotary Hargrave and to grant the Applicant's motion for a stay of proceedings, dismissed

January 25, 2001
Federal Court of Appeal

A-29-00

Appeal dismissed

Memorandums of argument on application for leave to appeal

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 filing 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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Factums on appeal

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

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Webcasts

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Date modified: 2025-05-13