Cold Ocean Inc. v. Gornostaevka ( The )
T-1303-98
MacKay J.
28/5/99
8 pp.
Two orders allowing two motions brought by Arctic United Seafood A.P.S. as demise charterer of defendant ships Gornostaevka and Vinogradnoe, and as owner/vendor of cargo of ship Gornostaevka-Motions seeking orders to quash warrants to arrest two ships and cargo in action in rem commenced by plaintiff on June 25, 1998-Plaintiff's claim based on agreement in writing dated December 12, 1995-G.M.K. Co. Ltd. agreeing with plaintiff to fish for shrimp with three or more vessels, including defendant ship Gornostaevka, and to deliver all catches of shrimp from such vessels to plaintiff for period ending December 31, 1998-From January to September 1997, agreement suspended on terms agreed by plaintiff, G.M.K. but terms breached-Plaintiff claiming amount of US$ 260,400, plus interest, damages for breach of contract, costs-Arctic, though not specifically named in style of cause as defendant, clearly interested party-Cargo of both vessels, shrimp catch claimed by Arctic as owner-Both vessels owned at all material times by PPO Jugrybpoisk of Kerch, Ukraine-Plaintiff's claims in relation to ships, cargo not against owners of ships, cargo-No claim in personam in statement of claim against owner of ships, cargo, and without that, no claim in rem-Style of cause, in pleading "the owners and all others interested in the ship" accords with form for claim in rem under r. 477, but that is not claim in personam against owners-Where statement of claim not including claim in personam against owners of ship, cargo, necessary basis for claim either in personam against owners of ship or in rem against ships, cargo not set out-Warrant of arrest, supporting affidavit based on statement of claim shall be set aside, statement of claim shall be struck out as scandalous, frivolous, vexatious under r. 221(1)(c)-Federal Court Rules, 1998, SOR/98-106, rr. 221(1)(c), 477.