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Sansom Equipment Ltd. v. Intertech Marine Ltd.

T-1159-02

2002 FCT 997, MacKay J.

24/9/02

3 pp.

Unopposed application for leave to intervene in simplified action--Federal Court Rules, 1998, making no specific provision for such leave--Interveners, being sole shareholder and owner of unnamed defendant vessel, not served with arresting documents for vessel and knowing nothing of formal judicial proceedings until September 2002--Rules for intervention adequate to permit intervener participation in simplified action where interests of justice served--Federal Court Rules, 1998, r. 298 relating to simplified actions, directed to parties to action--Not precluding interlocutory application by third party to intervene, pursuant to r. 109 --Application allowed, interveners to be treated as served as defendants with date fixed for filing pleadings--Style of cause to be amended accordingly--Federal Court Rules, 1998, SOR/98-106, rr. 109, 298.

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