MARITIME LAW |
Practice |
Ford Aquitaine Industries SAS v. Canmar Pride (The)
T-1291-03
2004 FC 1437, Morneau P.
18/10/04
17 pp.
Motions to strike out or stay action brought by plaintiffs, hereinafter collectively Ford, for losses suffered on or about March 9, 2003, during sea carriage of automatic transmissions --On February 7, 2003, marine carrier Orient Overseas Container Line Ltd. (OOCL) and Ford signed services agreement entitled Transportation Services Main Agreement (TSM agreement)--Action brought in Michigan on July 2, 2003--On July 22, 2003, Ford commenced in Canada, in present case, action against OOCL, owners of vessel, action having same purpose, causes as those in Michigan action--On August 28, 2003, OOCL filed in Michigan action reply to action brought by Ford--Judge Hood of Michigan Court ruling Ford could not abandon action in Michigan--Since no appeal from Judge Hood's decisions of June 21, 2004, Michigan action, with purpose, cause similar to those in present action, will go ahead--Michigan action constituting parallel action in appropriate forum--Possibility of intervention herein under Federal Courts Act, s. 50(1)(a) not ruled out under Marine Liability Act, s. 46--Therefore, Court, under Federal Courts Act, s. 50(1)(a) could stay Ford action herein in regard to both OOCL, owners of vessel on ground action by Ford being proceeded with in another court-- Motions allowed--Federal Courts Act, R.S.C., 1985, c. F-7, ss. 1 (as am. by S.C. 2002, c. 8, s. 14), 50 (as am. idem, s. 46) --Marine Liability Act, S.C. 2001, c. 6, s. 46.