MARITIME LAW |
Practice |
J.A. Besner and Sons (Canada) Ltd. v. Jurong Bauhinia (The)
T-1145-01
2001 FCT 1113, Blais J.
12/10/01
7 pp.
Service--Motion objecting to service of statement of claim on defendants Neptune Associated Lines PTE Ltd., vessel Jurong Bauhinia, owners and all others with an interest in vessel Jurong Bauhinia--Of three defendants at issue, only Neptune Associated Lines PTE Ltd. served statement of claim by registered mail--Counsel for plaintiffs at time of service sent copy of statement of claim by certified mail to attention of Neptune Associated Lines PTE Ltd., adding in envelope copy of statement of claim for other two parties--New counsel for plaintiffs knew that service on these three parties had been done irregularly and they asked Court to use provisions of r. 147--Few cases in relation to service authorized under r. 147--Action indeed served on defendant Neptune Associated Lines PTE Ltd.--However, hard to use provisions of r. 147 to validate service in case of other two defendants--Court must be persuaded that service done in first place--Sending document for service to one party in envelope by registered mail and simply stating in cover letter that two additional copies in envelope for two other parties for whom authorized representatives and corresponding addresses, possible relationship between three defendants, unknown, cannot be considered service, even imperfect one--Action herein not validly served on defendants, vessel Jurong Bauhinia and owners and all others with interest in vessel Jurong Bauhinia--Motion allowed in part--Federal Court Rules, 1998, SOR/98-106, r. 147.