Clipper Ship Supply Inc. v. Samatour Shipping Co., (1984) 19 F.T.R. 15 (TD)

JudgeDube, J.
CourtFederal Court (Canada)
Case DateOctober 01, 1984
JurisdictionCanada (Federal)
Citations(1984), 19 F.T.R. 15 (TD)

Clipper Ship v. Samatour Shipping Co. (1984), 19 F.T.R. 15 (TD)

MLB headnote and full text

Clipper Ship Supply Inc. (plaintiff) v. Samatour Shipping Co., owners of M/V Salem S and Salem N (defendant)

(T-1391-84)

Indexed As: Clipper Ship Supply Inc. v. Samatour Shipping Co.

Federal Court of Canada

Trial Division

Dube, J.

October 16, 1984.

Summary:

Clipper Ship Supply Inc. desired to sue the Samatour Shipping Co. (the defendant), but was experiencing difficulties effecting service in Egypt. Clipper Ship obtained an order for substitutional service on the defendant under Federal Court rule 310(1). The order permitted Clipper Ship to serve the defendant's Montreal solicitors, who were representing the defendant in an unrelated matter. The defendant applied to set aside service. The Federal Court of Canada, Trial Division, dismissed the defendant's application.

Editor's Note: This 1984 case is being reported at this time at the request of one of our readers.

Practice - Topic 2525

Service - Substituted service - When available - The plaintiff was experiencing difficulties serving a statement of claim on an Eyptian defendant - The plaintiff obtained an order under Federal Court rule 310(1) for substitutional service - The order permitted the plaintiff to serve the defendant's Canadian solicitors who were representing the defendant in an unrelated matter - The Federal Court of Canada, Trial Division, refused to set service aside, holding that substitutional service in this case was proper.

Practice - Topic 2525

Service - Substituted service - When available - The Federal Court Rules, rule 310(1), provided that under certain circumstances the court may make an order for substitutional service - The Federal Court of Canada, Trial Division, stated that there is no automatic right to substitutional service - "The applicant must show to the court that he has taken reasonable steps to effect personal service and that he has not been successful. He must also show that the substitution is an acceptable and reasonable one, bearing in mind that the object of the order for substitutional service is to bring notice of the proceedings to the attention of the defendant" - See paragraph 7.

Cases Noticed:

Hoehn v. Marshall, [1917] O.W.N. 193, refd to. [para. 7, footnote 1].

Roberds v. Schwenker, 29 Sask.R. 105, refd to. [para. 7, footnote 1].

Lapierre v. Andrew (1983), 45 A.R. 220, refd to. [para. 7, footnote 1].

Re Consiglio et al., [1971] 3 O.R. 798, refd to. [para. 7, footnote 1].

Eyre v. Eyre, [1971] 2 O.R. 744, refd to. [para. 7, footnote 1].

Massey-Harris Co. Ltd. v. Miller, [1943] 3 D.L.R. 722, refd to. [para. 7, footnote 1].

De Camps v. Sainsbury, [1921] O.L.R. 131, refd to. [para. 7, footnote 1].

Malkin & Pinton Industrial Supplies v. Anglehart and Anglehart Furniture, 5 B.C.L.R. 285, refd to. [para. 7, footnote 1].

Credit Foncier Franco-Canadien v. McGuire et al., 14 B.C.L.R. 281, refd to. [para. 7, footnote 1].

Mike Trading and Transport Ltd. v. R. Pagnan & Fratelli (The "Lisboa"), [1980] 2 Lloyd's R. 546, refd to. [para. 7, footnote 1].

Morrow v. Morgan, [1920] O.L.R. 97, refd to. [para. 7, footnote 1].

McDonald and McDonald v. McEwan and Hannah, 25 Sask.R. 68, refd to. [para. 7, footnote 1].

Statutes Noticed:

Federal Court Rules, rule 304, rule 307, rule 309 [para. 5]; rule 310(1) [paras. 2, 5, 7]; rule 310(2) [para. 5].

Counsel:

G. Barry, for the plaintiff;

J. Bolger, for the defendant.

Solicitors of Record:

Gerald P. Barry, Montreal, Quebec, for the plaintiff;

McMaster, Meighen, Montreal, Quebec, for the defendant.

This application was heard in Montreal, Quebec, on October 1, 1984, before Dubé, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on October 16, 1984:

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