Case information
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31347
Phoenix Bulk Carriers Limited v. Kremikovtzi Trade also known as Kremikovski Trade
(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) |
|---|---|---|
| 2008-01-08 | Appeal closed | |
| 2007-12-20 | Certificate of taxation issued to, Nadia Effendi | |
| 2007-12-20 | Decision on the bill of costs, (in the amount of $8,406.70), Reg | |
| 2007-12-20 | Submission of the bill of costs, Reg | |
| 2007-08-03 | Reply to the bill of costs, and amended Bill of Costs filed, Completed on: 2007-08-03 | Phoenix Bulk Carriers Limited |
| 2007-07-30 | Response to the bill of costs, Completed on: 2007-07-30 | Kremikovtzi Trade also known as Kremikovski Trade |
| 2007-07-25 | Bill of costs, (Revised Bill of Costs served and filed Aug. 3/09), Completed on: 2007-07-26 | Phoenix Bulk Carriers Limited |
| 2007-04-04 | Record returned to the Registrar of the Court of Appeal | |
| 2007-03-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-03-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-03-16 |
Judgment on the appeal rendered, Reasons for judgment by the Court, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Federal Court of Appeal, Number A-409-05, 2006 FCA 1, dated January 6, 2006, heard on February 14, 2007, is allowed with costs on the issue of in rem jurisdiction. The two remaining issues are remitted to the Federal Court of Appeal for consideration. Allowed, with costs |
|
| 2007-02-26 | Transcript received, (75 pages) | |
| 2007-02-14 | Judgment reserved OR rendered with reasons to follow | |
| 2007-02-14 | Acknowledgement and consent for video taping of proceedings | |
| 2007-02-14 | Respondent's condensed book, 14 copies - distributed in Court. | Kremikovtzi Trade also known as Kremikovski Trade |
| 2007-02-14 | Appellant's condensed book, 14 copies - distributed in Court. | Phoenix Bulk Carriers Limited |
| 2007-02-14 |
Hearing of the appeal, 2007-02-14, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-02-09 | Correspondence received from, J. Brombley, by fax, consents to the proceedure of the hearing | Kremikovtzi Trade also known as Kremikovski Trade |
| 2007-02-09 | Correspondence received from, J.-M. Fontaine, by fax, consents to the proceeding | Phoenix Bulk Carriers Limited |
| 2007-02-09 | Correspondence (sent by the Court) to, all parties by fax only from A. Roland, re: hearing of appeal | |
| 2007-02-05 | Notice of appearance, Jean-Marie Fontaine and Peter Pamel will be appearing. | Phoenix Bulk Carriers Limited |
| 2007-01-24 | Notice of appearance, John Bromley will be present at the hearing. | Kremikovtzi Trade also known as Kremikovski Trade |
| 2007-01-15 | Order on motion to extend time | |
| 2007-01-15 |
Decision on motion to extend time, to serve and file the respondent's factum, record and book of authorities to Jan. 10/07 and to present oral argument at the hearing of the appeal, Ba Granted |
|
| 2007-01-11 | Submission of motion to extend time, Ba | |
| 2007-01-10 | Response to motion to extend time, (Letter Form), from Jean-Marie Fontaine dated Jan. 3/07, Completed on: 2007-01-10 | Phoenix Bulk Carriers Limited |
| 2007-01-10 | Motion to extend time, to file the respondent's factum, record and authorities to Jan. 10/07, Completed on: 2007-01-10 | Kremikovtzi Trade also known as Kremikovski Trade |
| 2007-01-10 | Respondent's book of authorities, Completed on: 2007-01-11 | Kremikovtzi Trade also known as Kremikovski Trade |
| 2007-01-10 | Respondent's record, Completed on: 2007-01-11 | Kremikovtzi Trade also known as Kremikovski Trade |
| 2007-01-10 | Respondent's factum, CD returned, ammended CD received Jan 16/07, Completed on: 2007-01-17 | Kremikovtzi Trade also known as Kremikovski Trade |
| 2007-01-09 | Notice of appearance, John W. Bromley will be appearing. | Kremikovtzi Trade also known as Kremikovski Trade |
| 2007-01-04 | Appeal perfected for hearing | |
| 2006-12-11 | Correspondence received from, Borden Ladner Gervais dated Dec. 11/06 re: enclosing 24 copies of the revised index of the Appellant's record (sent to the judges Dec. 12/06) | Phoenix Bulk Carriers Limited |
| 2006-11-20 | Correspondence (sent by the Court) to, all parties; acknowledge receipt of letters dated Nov. 13 and 16/06 | |
| 2006-11-17 | Correspondence received from, John W. Bromley, dated November 16, 2006. Re: No objection on the participation of J. Rothstein | Kremikovtzi Trade also known as Kremikovski Trade |
| 2006-11-16 | Notice of hearing sent to parties | |
| 2006-11-15 |
Appeal hearing scheduled, 2007-02-14 Judgment reserved |
|
| 2006-11-14 | Correspondence received from, Jean-Marie Fontaine dated November 13, 2006. Re: No objection on the participation of J. Rothstein | Phoenix Bulk Carriers Limited |
| 2006-11-09 | Appellant's book of authorities, Completed on: 2006-11-09 | Phoenix Bulk Carriers Limited |
| 2006-11-09 | Appellant's record, Completed on: 2006-11-09 | Phoenix Bulk Carriers Limited |
| 2006-11-09 | Appellant's factum, Completed on: 2007-01-15 | Phoenix Bulk Carriers Limited |
| 2006-11-07 | Appeal court record, (1 box) | |
| 2006-09-01 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-08-17 | Notice of appeal, (25 B included), Completed on: 2006-08-17 | Phoenix Bulk Carriers Limited |
| 2006-03-08 | Motion to extend the time to file and or serve the application for leave to appeal, 30 days after the decision by the FCA prospective applicant's motion for leave to appeal - book form (not applicable as FCA granted leave to appeal on June 26, 2006), Completed on: 2006-03-08 | Phoenix Bulk Carriers Limited |
| 2006-03-07 | Notice of application for leave to appeal, (included with the motion to extend the time) - book form - 25B included | Phoenix Bulk Carriers 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 |
|---|---|---|
| Phoenix Bulk Carriers Limited | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kremikovtzi Trade also known as Kremikovski Trade | Respondent | Active |
Counsel
Party: Phoenix Bulk Carriers Limited
Counsel
P. Jeremy Bodger
Peter G. Pamel
Rick William
1000 de La Gauchetière West
Suite 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-3196
FAX: (514) 954-1905
Email: jfontaine@blgcanada.com
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Kremikovtzi Trade also known as Kremikovski Trade
Counsel
1150 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 602-1877
FAX: (604) 602-1878
Agent
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
Summary
Keywords
None.
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.
Maritime Law - Procedure - In rem jurisdiction of the Federal Court in admiralty - Whether the property under arrest is “the subject of the action” as that term is understood in s. 43(2) of the Federal Courts Act - Whether it is plain and obvious that Kremikovtzi is not the beneficial owner of the property under arrest - Whether the Statement of Claim and Affidavit to Lead Warrant meet the requirements of the Federal Courts Act and the Federal Courts Rules?
These proceedings arise from the alleged breach of a contract of affreightment dated July 22, 2005, pursuant to which the Respondent agreed to ship on the Appellant Phoenix’s ship, the “FAR EASTERN MARINA”, a cargo of approximately 70,000 to 75,000 metric tons of coal (the “cargo”) for carriage from Vancouver, Canada, to Bourgas, Bulgaria.
Phoenix says that in breach of its contractual obligations, the Respondent entered into a contract with the owners of the ship “SWIFT FORTUNE” and loaded its cargo on that ship between September 3 and 5, 2005 in Vancouver.
On September 13, 2005, Phoenix filed a Statement of Claim in rem against the aforesaid cargo and in personam against the owners of the cargo and all others interested therein, and on that day, caused the cargo to be arrested while on board the “SWIFT FORTUNE” in Vancouver.
On September 14, 2005, the Respondent applied to the Federal Court for an order striking the Statement of Claim in rem and setting aside the warrant of arrest, and on September 15, 2005, Rouleau J. dismissed the Respondent’s motion. On appeal, the Federal Court of Appeal allowed the appeal; set aside the warrant of arrest and struck the in rem Statement of Claim.
Lower court rulings
Federal Court of Canada, Trial Division
T-1558-05
Respondent's motion for an order striking the Appellant's Statement of Claim in rem and setting aside the warrant of arrest of cargo dismissed
Federal Court of Appeal
A-409-05, 2006 FCA 1
Appeal allowed; warrant of arrest set aside and in rem Statement of Claim struck
Federal Court of Appeal
A-409-05, 2006 FCA 240
leave to appeal is granted
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
Not available
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