Noranda Sales Corporation v. British Tay ( The )
T-1425-91
Denault J.
26/1/94
7 pp.
Maritime law -- Application to amend style of cause and statement of claim to replace "ship Canada Marquis, its owners and all others interested in the ship" as defendant by five other sister vessels belonging to defendant Misener Holdings Limited -- Canada Marquis, chartered by plaintiff, involved in collision with British Tay and sold before action filed against Misener in May 1991 for delay in delivery of goods and breach of contract -- Action contested and plaintiff tried to have defendant Misener provide security in place of seizure of its vessels, which was refused by defendant -- Plaintiff sought to take advantage of legislative amendment in effect February 1, 1992, authorizing action in rem against sister vessels: Federal Court Act, s. 43(8) -- Action in rem, whether brought against "ship in question" or against sister ship, admissible only where Court has jurisdiction in rem -- Federal Court's jurisdiction in rem limited by Federal Court Act, s. 43(3), where action in rem only admissible if at time action brought owner of vessel in question same as at time cause of action arose -- Plaintiff could not bring action in rem against Canada Marquis or against sister ships because at time action brought Misener no longer owner of Canada Marquis-Ownership test necessary to give Court in rem jurisdiction not met-Application dismissed -- Federal Court Act, R.S.C., 1985, c. F-7, s. 43(2),(3),(8) (as am. by S.C. 1990, c. 8, s. 12).