Hollandsche Aannaming Maatschappij v. Ryan Leet ( The )
T-1661-97
Rothstein J.
21/8/97
8 pp.
Motion to set aside warrant of arrest of Ryan Leet, to reduce bail and for security for costs-Evidence Kenworthy Ltd. registered and beneficial owner of Terra Nova Sea, subject of action; Ryan Leet owned by Secunda Marine Services Ltd.; Kenworthy wholly owned by Secunda; Kenworthy has no beneficial or other interest in Ryan Leet-Meaning of "owner" in Federal Court Act, s. 43(8)-Fact Parliament did not qualify term therein supporting conclusion term "owner" with respect to ship subject of action in Act, s. 43(8) not meaning beneficial owner-Applying definition of "owner" in Canada Shipping Act, s. 2 (applicable pursuant to Interpretation Act, s. 15 as relating to same subject-matter), "owner" means registered owner only-Act, s. 43(8) enacted to enable plaintiffs to have sister ships arrested as security for claim-To interpret term more broadly would be to impute to Parliament intent to "pierce corporate veil" in respect of ownership of vessels incurring potential liability-Application to set aside warrant of arrest of Ryan Leet allowed-No further requirement for bail or security with respect to Ryan Leet and latter should not remain in style of cause-Parties agree plaintiff outside jurisdiction and security for costs in sum of $25,700 appropriate-Federal Court Act, R.S.C., 1985, c. F-7, s. 43(8) (as am. by S.C. 1990, c. 8, s. 12; 1996, c. 31, s. 83)-Interpretation Act, R.S.C., 1985, c. I-21, s. 15-Canada Shipping Act, R.S.C., 1985, c. S-9, s. 2 "owner" (as am. by R.S.C., 1985 (3rd Supp.), c. 6, s. 1).