MARITIME LAW |
Practice |
Napa v. Abta Shipping Co. Ltd.
T-387-98
2001 FCT 1055, Morneau P.
26/9/01
13 pp.
Motion by defendants under r. 107 to have contractual aspect of case tried first exclusive of issues of tortious liability--On January 16, 1998, vessel M.V. Flare heading toward Montréal to take on cargo of grain--When it reached Gulf of St. Lawrence, broke in two and sank--Of 25 crew members, only four rescued and survived sinking--Situation of all plaintiffs must be considered comprehensively--Granting of order under r. 107 discretionary--According to applicable test under r. 107, severance must help to produce just, expeditious and least expensive determination possible--R. 107 may be applied herein, to separate contractual relationship between parties from issue of tortious liability--Court will try to adopt any solution likely to accomplish goals expressed in r. 3, i.e. just, most expeditious and least expensive determination possible--Defendants have not established on balance of probabilities that trial on contractual aspect will be sufficient and decisive--Given uncertainty as to incorporation of collective agreement, clause in agreement which would immunize it from any claim of any kind by plaintiff or his dependants inapplicable--Defendants have not discharged onus of proof in accordance with principles laid down in cases--Motion dismissed--Federal Court Rules, 1998, SOR/98-106, rr. 3, 107.