PRACTICE |
Judgments and Orders |
Reversal or Variation |
C.P Ships (Bermuda) Ltd. v. Panther Max (The)
T-104-02
2002 FCT 406, Gibson J.
10/4/02
15 pp.
Motion by defendants under r. 51 seeking order reversing, setting aside, varying Prothonotary Morneau's order dated March 21, 2002--Latter maintained modified quantum claimed for overpaid hire, value of bunkers on re-delivery and owners' expenses paid by charterers, maintained quantum claimed in respect of alleged breach of agreement as to settlement of disputed hire amounts, reduced quantum claimed for charterers' potential liability to slot charterers, Senator Lines, by 30% from modified quantum claimed--While certain issues raised herein reviewable on basis of de novo hearing, exercise of Prothonotary's discretion, where questions of principle, questions vital to final issue of case raised, neither based on wrong principle nor on misappre-hension of facts--None of determinations of Prothonotary based on misapprehension of facts--Therefore determinations should not be disturbed--Prothonotary understood, applied correct test--Dealt directly with issue of Court's jurisdiction --While not directly referring to "exorbitant" claims, clearly cognizant in two areas of plaintiff's claim, claim reduced and in one area of plaintiff's claim, reduced basis of security from amount claimed--Motion dismissed--Federal Court Rules, 1998, SOR/98-106, r. 51.