MARITIME LAW |
Practice |
September (The) v. Canada
T-109-97
2001 FCT 595, Morneau P.
6/6/01
5 pp.
Plaintiff commenced action in Federal Court and in Turkey for recognition and possession of vessel--Both actions concurrent proceedings--Based on Nisshin Kisen Kaisha Ltd. v. Canadian National Railway Co., [1981] 1 F.C. 293, defendant requesting that Court compel plaintiff to withdraw from action in Turkey, and to lift seizure or detention of vessel in that country--No evidence suggesting that defendant might be tempted to remove herself from jurisdiction of this Court should plaintiff's action succeed--Granting defendant's motion would neither adversely affect merits of case nor jeopardize Court's authority over vessel--No legitimate reason to maintain proceedings instituted by plaintiff in Turkey--Remedy sought by defendant allowed--Not usual situation in which plaintiff seeks injunction against defendant--Relief sought by defendant need not be characterized as injunction.