Adecon Ship Management Inc. v. Cuba

Adecon Ship Management Inc. v. Cuba

The December 21, 2000 order dismissing the action for delay was set aside because the judge was not aware that the plaintiff had made submissions that were not in the file; the plaintiff is permitted to bring a motion for default judgment under Rule 369 but must effect proper service on all defendants (service on Ms. Strickland alone is insufficient).

Citation
2001 FCT 1
Parties
Plaintiff: Adecon Ship Management Inc.; Defendant (in Personam): The Government of the Republic of Cuba; Defendant (in Personam): The Ministry of Fishing Industry and Merchant Marine (Ministerio de la Industria Pesquera y Marina Mercante); Defendant (in Personam): The Ministry of Transport; Defendant (in Personam): Association de Navieras de Cuba; Defendant (in Personam): Empresa Navegacion Mambisa; Defendant (in Personam): Naviera Poseidon, O.E.E.; Defendant (in Rem): The Owners and All Others Interested in the Vessels M/V CALIX, M/V AJANA (ex CARIBBEAN QUEEN), M/V GABYANA (ex CARIBBEAN PRINCESS), M/V AVON, M/V LOTUS ISLANDS, M/V LILAC ISLANDS, M/V ODELYS (ex ROSE ISLANDS), M/V RIO YATERAS, M/V RIO CUYAGUATEJE, M/V RIO NAJASA, M/V LILIET, M/V SANTANITA, M/V ANACAONA, M/V GUARIONEX, M/V DAIQUIRI, M/V CAJIO, M/V MINAS DEL FRIO, M/V GRAN PIEDRA, M/V MAGNOLIA REEFER, AND M/V BOLIVAR
Court
Federal Court
Jurisdiction
Canada
Judgment Date
1 February 2001
Procedural Posture
Admiralty Action in Rem and in Personam / Reconsideration of Prior Dismissal for Delay; Order Setting Aside December 21, 2000 Dismissal
Outcome
Order of December 21, 2000 dismissing the action for delay set aside; plaintiff granted liberty to bring motion for default judgment under Rule 369 subject to proper service on all defendants.
Legal Topics
Reconsideration, Dismissal for Delay, Default Judgment, Service of Process
Source Language
English
Admiralty and Maritime Law Civil Procedure Reconsideration Dismissal for Delay Default Judgment Service of Process

Case Brief

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Parties

Adecon Ship Management Inc.

Plaintiff

The Government of the Republic of Cuba

Defendant (in Personam)

The Ministry of Fishing Industry and Merchant Marine (Ministerio de la Industria Pesquera y Marina Mercante)

Defendant (in Personam)

The Ministry of Transport

Defendant (in Personam)

Association de Navieras de Cuba

Defendant (in Personam)

Empresa Navegacion Mambisa

Defendant (in Personam)

Naviera Poseidon, O.E.E.

Defendant (in Personam)

The Owners and All Others Interested in the Vessels M/V CALIX, M/V AJANA (ex CARIBBEAN QUEEN), M/V GABYANA (ex CARIBBEAN PRINCESS), M/V AVON, M/V LOTUS ISLANDS, M/V LILAC ISLANDS, M/V ODELYS (ex ROSE ISLANDS), M/V RIO YATERAS, M/V RIO CUYAGUATEJE, M/V RIO NAJASA, M/V LILIET, M/V SANTANITA, M/V ANACAONA, M/V GUARIONEX, M/V DAIQUIRI, M/V CAJIO, M/V MINAS DEL FRIO, M/V GRAN PIEDRA, M/V MAGNOLIA REEFER, AND M/V BOLIVAR

Defendant (in Rem)

Procedural Posture

Admiralty Action in Rem and in Personam / Reconsideration of Prior Dismissal for Delay; Order Setting Aside December 21, 2000 Dismissal

Legal Issues

  1. 1 Whether the Court should reconsider and set aside its dismissal for delay made December 21, 2000
  2. 2 Whether the plaintiff had filed submissions that were not before the Court when the dismissal was made
  3. 3 Whether service on a single representative (Ms. Strickland) was sufficient for all defendants

Ratio Decidendi

The December 21, 2000 order dismissing the action for delay was set aside because the judge was not aware that the plaintiff had made submissions that were not in the file; the plaintiff is permitted to bring a motion for default judgment under Rule 369 but must effect proper service on all defendants (service on Ms. Strickland alone is insufficient).

Court Disposition

Order of December 21, 2000 dismissing the action for delay set aside; plaintiff granted liberty to bring motion for default judgment under Rule 369 subject to proper service on all defendants.

Orders

  • December 21, 2000 order dismissing the action for delay is set aside
  • Plaintiff is at liberty to bring a motion for default judgment under Rule 369