Fibreco Pulp Inc. et al. v. Star Shipping A/S et al., (2000) 257 N.R. 291 (FCA)

• Judge: Linden, Sexton and Malone, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: May 24, 2000
• Jurisdiction: Canada (Federal)
• Citations: (2000), 257 N.R. 291 (FCA)

Fibreco Pulp Inc. v. Star Shipping A/S (2000), 257 N.R. 291 (FCA)

MLB headnote and full text

Temp. Cite: [2000] N.R. TBEd. JL.044

Fibreco Pulp Inc., Fibreco Export Inc., 373877 B.C. Ltd., Ekman Leibig AB, Enso-Gutzeit Oy (appellants) v. Star Shipping A/S, Squamish Terminals Ltd., Furness Neobulk Services b.v., Dover Inc., Kraft Line AS, KG Stephaniebeteiligungsges mbH & Co., F.S. Switynk, and the owners and others interested in the ships "Star Dover", "Star Gran", "Veritas", and "Stephanie" (respondents)

(A-651-98)

Star Shipping A/S, Dover Inc., Kraft Line AS, KG Stephaniegeteiligungsges mbH & Co., F.S. Switynk (appellants) v. Fibreco Pulp Inc., Fibreco Export Inc., 373877 B.C. Ltd., Ekman Leibig AB, Enso-Gutzeit Oy Squamish Terminals Ltd. (respondents)

(A-76-99)

Indexed As: Fibreco Pulp Inc. et al. v. Star Shipping A/S et al.

Federal Court of Appeal

Linden, Sexton and Malone, JJ.A.

May 24, 2000.

Summary:

An action was commenced in the Federal Court respecting two claims arising out of the carriage of two shipments of wood-pulp from British Columbia to Rotterdam and then onward carriage to Finland. Security for the in rem action was given in Vancouver.

A Prothonotary of the Federal Court of Can­ada, Trial Division, in a decision report­ed at 145 F.T.R. 125, stayed the claims against those who were party to the contract of affreightment and against the onward car­riers. The Prothonotary dismissed the in rem action against the ship "Star Gran" and or­dered the security to be returned. The plain­tiffs moved to set aside the prothono­tary's order.

The Federal Court of Canada, Trial Divi­sion, in a decision reported at 156 F.T.R. 127, dismissed the application. The plaintiffs appealed.

The Federal Court of Appeal dismissed the appeal.

Courts - Topic 2583

Registrars and prothonotaries - Appeals from - Scope of review - The plaintiffs sued the defendants for, inter alia, damages - Security was given to satisfy any Cana­dian judgments - A prothonotary ordered that the action be stayed pending arbitra­tion and that the in rem claim against the ship "Star Gran" be struck out and the security be returned - The plaintiffs applied to set aside the prothonotary's order - The Feder­al Court of Canada, Trial Division, dis­missed the application - The Federal Court of Appeal dismissed the plaintiffs appeal, holding that the Prothonotary did not proceed on an erroneous principle of law or misapprehension of the facts or that the decision resulted in any unavoidable injustice - See paragraph 8.

Cases Noticed:

Suresh v. Canada, [1998] F.C.J. No. 1012 (C.A.), refd to. [para. 8].

Counsel:

Doug Schmitt, for the appellants;

Peter Swanson, for the respondent, Star Shipping A/S et al.;

Robert Lonergan, for the respondent, Squa­mish Terminals Ltd.

Solicitors of Record:

McEwen Schmitt & Co., Vancouver, Brit­ish Columbia, for the appellants;

Campney & Murphy, Vancouver, British Columbia, for the respondent, Star Ship­ping A/S et al.;

Fasken Martineau DuMoulin, Vancouver, British Columbia, for the respondent, Squamish Terminals Ltd.

This appeal was heard at Vancouver, British Columbia, on May 24, 2000, by Linden, Sexton and Malone, JJ.A., of the Federal Court of Appeal. Sexton, J.A., delivered the following decision for the court on the same date.