A.P. Moller-Maersk v. Maritime-Ontario Freight Lines Limited

A.P. Moller-Maersk v. Maritime-Ontario Freight Lines Limited

The motion to consolidate is dismissed because Maersk raised it too late, after the related docket (T-2143-04) was advanced to trial, consolidation at this stage would prejudice Lagoon Seafood and Maritime-Ontario, and the subject docket (T-1927-06) is not ready for pre-hearing or trial.

Citation
2007 FC 139
Parties
Plaintiff (t 1927 06); Defendant (t 2143 04): A.P. MOLLER - MAERSK A/S TRADING AS MAERSK SEALAND; Defendant (t 1927 06); Respondent (t 2143 04): MARITIME-ONTARIO FREIGHT LINES LIMITED; Plaintiff (t 2143 04): Lagoon Seafood
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 February 2007
Procedural Posture
Admiralty Action in Personam / Interlocutory Motion to Consolidate Under Rule 105; Pre Hearing Stage; Trial Scheduled in Related Docket (t 2143 04)
Outcome
Motion dismissed with costs.
Legal Topics
Consolidation of Actions, Third Party Proceedings, Jurisdiction, Costs, Pre Hearing Conference, Trial Scheduling
Source Language
English
Admiralty and Maritime Law Civil Procedure Consolidation of Actions Third Party Proceedings Jurisdiction Costs Pre Hearing Conference Trial Scheduling

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Parties

A.P. MOLLER - MAERSK A/S TRADING AS MAERSK SEALAND

Plaintiff (t 1927 06); Defendant (t 2143 04)

MARITIME-ONTARIO FREIGHT LINES LIMITED

Defendant (t 1927 06); Respondent (t 2143 04)

Lagoon Seafood

Plaintiff (t 2143 04)

Procedural Posture

Admiralty Action in Personam / Interlocutory Motion to Consolidate Under Rule 105; Pre Hearing Stage; Trial Scheduled in Related Docket (t 2143 04)

Legal Issues

  1. 1 Whether two dockets should be consolidated under Rule 105
  2. 2 Timeliness of the consolidation application and prejudice to other parties
  3. 3 Whether the subject docket is ready for pre-hearing or trial

Ratio Decidendi

The motion to consolidate is dismissed because Maersk raised it too late, after the related docket (T-2143-04) was advanced to trial, consolidation at this stage would prejudice Lagoon Seafood and Maritime-Ontario, and the subject docket (T-1927-06) is not ready for pre-hearing or trial.

Court Disposition

Motion dismissed with costs.

Orders

  • Motion by Maersk dismissed with costs in favour of Maritime-Ontario in docket T-1927-06
  • Costs awarded in favour of Lagoon Seafood in docket T-2143-04