Maritime Law
Practice
Motions by Texada Quarrying Ltd. (Texada), Pacific Towing Services Ltd. (Pacific), defendants in present action, seeking order under Federal Courts Rules, SOR/98-106, r. 221 statement of claim be struck against them on grounds scandalous, frivolous, vexatious, abuse of process—Texada, Pacific defendants in another action filed previously—Grounds for liability asserted against Texada, Pacific same in both actions—Courts seeking to avoid multiplicity of proceedings, but not applying avoidance of multiple actions arising out of single cause of action rule blindly—Recognized exceptions to this general rule, such as, if not permitting second action to continue would cause real injustice to plaintiff—Upon performance of certain steps, motions to strike by defendants Texada, Pacific dismissed.
Hodder Tugboat Co. Ltd. v. JJM Construction Ltd. (T-1656-08, 2009 FC 161, Lemieux J., order dated February 13, 2009, 10 pp.)