Companhia Siderurgica Nacional v. Welsen Shipping Co.
T-3083-94
Hargrave P.
23/4/96
6 pp.
Application to extend time for service of statement of claim in personam on Welsen Shipping Co. Ltd.-Statement of claim filed December 30, 1994-P & I Club's commercial correspondent aware of filing of statement of claim, obtaining copy at early date-Timely service on Greer Shipping Ltd., initially thought to be shipowner's Vancouver agents pursuant to R. 310-Nearly four months after statement of claim expiring, Greer Shipping advising plaintiffs acting as agents not for owners, but for charterers-Inadvertence not ground for extension of time to serve statement of claim-R. 306 requiring only one sufficient reason to grant extension, but allowing extension of delay to serve statement of claim exception and should not be easily granted: Duval Sales Corporation and Atlantic Mutual Insurance Co. v. Ocean Cape Compania Naviera S.A. et al. (1986), 4 F.T.R. 231 (F.C.T.D.)-Not failure to serve herein as service clearly accomplished per client's instructions, but, assuming Greer Shipping charterer's, not owner's, agents, failure to serve correct agent and failure to recognize problem in timely manner-R. 310(2), providing for substitutional service on someone out of jurisdiction, without Court order exceptional provision demanding strict compliance-That wrong entity served on client's instructions in apparently mistaken belief agent for owners of ship mere slip-At time no damage done as statement of claim still having three and one half months' currency-Not following up until four months after service beyond mere slip-That plaintiffs felt had served Welsen Shipping and needed to do nothing more not sufficient reason-Shipowners Assurance Management, by requesting copy of pleadings and by confirming ship entered with their client indicating Newcastle P & I Club, and presumably also owners, aware of proceedings, not taken by surprise-Not leading plaintiffs to expect anything-Time limitations enacted to place limit on time that may elapse before bringing person into lawsuit-From material filed, not one sufficient reason or special circumstance justifying exercise of discretion to deprive defendant of statutory limitation-Motion dismissed-Federal Court Rules, C.R.C., c. 663, RR. 306, 310.