Anglo-Marine Inc. v. 2963-5976 Quebec Inc.
T-2229-94
Joyal J.
4/1/95
6 pp.
Motion in disavowal to repudiate counsel's admissions following order dismissing action in rem and in personam -- During action for recovery of sums due for materials and services supplied to ship, plaintiff's counsel admitting costs claimed being incurred prior to defendant becoming owner of ship -- Plaintiffs wishing to repudiate counsel's admissions on grounds admissions not based on true facts; or plaintiffs not understanding what counsel had done; or counsel misunderstanding history of work on ship -- Plaintiffs also having filed appeal of order -- Although both Federal Court and Quebec processes providing for variation or reversal of order by way of proceeding in same court in which issue arose, such processes being exception to finality of order and basic rule redress by way of appeal -- Relying on Gagnon c. Location Pierre Lafleur Inc., C.S. Montréal, 500-05-001376-845, 1986-05-15, J.E. 86-684, where Court denied recourse to disavowal where judgment appealed to Quebec Court of Appeal, Judge holding Trial Division losing jurisdiction to deal with issue of repudiation or disavowal once appeal filed -- Motion dismissed.