Quinlan Brothers Ltd. v. M/V Tricon Commander ( The )
T-2690-84
Simpson J.
23/5/96
4 pp.
Application on behalf of sureties under bail bond for leave to intervene in proceeding pursuant to Federal Court R. 1010 for purpose of obtaining some action in litigation-Action commenced in November 1984 when statement of claim issued and ship, M/V Tricon Commander arrested-Ship released in February 1986 when bail posted in amount of $65,000-Nine years passed and no action taken by either party-Explanation settlement attempts made during that time unsatisfactory-Prejudice to applicant having to account for $65,000 contingent liability when no action being taken by plaintiff and no move to dismiss for want of prosecution by defendant-Application allowed-Applicants granted intervenor status only for purpose of this and show cause proceedings-Under Federal Court R. 327.2(c), Court ordering plaintiff must show cause why action should not be dismissed for undue delay-Federal Court Rules, C.R.C., c. 663, RR. 327.2(c) (as enacted by SOR/94-41, s. 2), 1010.