Telus Communications (Québec) Inc. v. LOK PREM (Ship)

Telus Communications (Québec) Inc. v. LOK PREM (Ship)

Because the defendants' admission did not exhaustively admit all factual allegations and shipboard documents were relevant to the operation, management and events leading to the damage, the defendants are required to prepare and serve an Affidavit of Documents listing shipboard documents within thirty days; costs awarded under Column III of Tariff B.

Citation
2003 FC 1285
Parties
Plaintiff / Defendant to the Counterclaim: TELUS COMMUNICATIONS (QUÉBEC) INC.; Defendant / Plaintiff by Counterclaim: THE OWNERS AND ALL OTHERS INTERESTED IN THE SHIP "LOK PREM" AND THE SHIP "LOK PREM"; Defendant / Plaintiff by Counterclaim: THE SHIPPING CORPORATION OF INDIA LTD.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 November 2003
Procedural Posture
Admiralty Action in Rem and in Personam / Motion for Disclosure / Affidavit of Documents
Outcome
Motion granted with costs under Column III of Tariff B
Legal Topics
Disclosure, Affidavit of Documents, Liability for Cable Damage, Anchor Dragging
Source Language
English
Admiralty Civil Procedure Maritime Torts Discovery Disclosure Affidavit of Documents Liability for Cable Damage Anchor Dragging

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Parties

TELUS COMMUNICATIONS (QUÉBEC) INC.

Plaintiff / Defendant to the Counterclaim

THE OWNERS AND ALL OTHERS INTERESTED IN THE SHIP "LOK PREM" AND THE SHIP "LOK PREM"

Defendant / Plaintiff by Counterclaim

THE SHIPPING CORPORATION OF INDIA LTD.

Defendant / Plaintiff by Counterclaim

Procedural Posture

Admiralty Action in Rem and in Personam / Motion for Disclosure / Affidavit of Documents

Legal Issues

  1. 1 Whether defendants must produce shipboard documents despite admitting the causative act
  2. 2 Scope of the Affidavit of Documents under the Federal Court Rules, 1998
  3. 3 Whether the defendants' admission relieves them of disclosure obligations for other factual allegations

Ratio Decidendi

Because the defendants' admission did not exhaustively admit all factual allegations and shipboard documents were relevant to the operation, management and events leading to the damage, the defendants are required to prepare and serve an Affidavit of Documents listing shipboard documents within thirty days; costs awarded under Column III of Tariff B.

Court Disposition

Motion granted with costs under Column III of Tariff B

Orders

  • Defendants/Plaintiffs by Counterclaim shall prepare and serve their Affidavit of Documents listing the shipboard documents by no later than 30 days from the date of the Order.
  • Costs awarded to the Plaintiff under Column III of Tariff B.