Marine Atlantic Inc. v. Blyth
T-1571-93
Jerome A.C.J.
10/11/93
8 pp.
Application by plaintiff for order allowing it to retain possession of three Zodiac inflatable boats owned by defendants -- Application by defendants for mandamus requiring plaintiff to return Zodiacs -- Plaintiff Crown corporation operating passenger, auto and freight ferry services under contract with federal government -- Defendants and plaintiff entering into Joint Venture Agreement to provide environmentally-oriented cruise expeditions using plaintiff's vessel M.V. Northern Ranger -- Defendant fulfilling obligation under agreement to purchase three Zodiac inflatable boats and supporting equipment for use on expedition -- Plaintiff asking Court to apply case law with respect to granting of Mareva injunction-Principles of law with respect to Mareva injunctions not permitting plaintiff to retain possession of Zodiac inflatable boats -- Defendants' application for return of boats granted-Defendants enjoined from removing from jurisdiction of Court, disposing of, encumbering, releasing or dispossessing of own assets including Zodiacs -- Plaintiff establishing conditions for Mareva injunction, existence of strong prima facie case -- Genuine risk that, if successful, plaintiff may be unable to execute judgment once obtained -- Defendant companies experiencing increasing difficulty in meeting financial obligations, subject to other lawsuits, facing possibility of bankruptcy proceedings -- Likely prospect Zodiacs and other defendants' assets be removed from jurisdiction for use on international cruises -- Defendants' application for particulars under R. 415(3) denied -- Pleadings unequivocally setting out plaintiff's position and enabling defendants to know nature of case against them -- Defendants' application allowed in part -- Plaintiff's application allowed in part -- Federal Court Rules, C.R.C., c. 663, R. 415.