Pakistan National Shipping Corp. v. Canada
T-3112-90
Teitelbaum J.
24/3/95
8 pp.
Application by defendant Crown under RR. 454 and 466.3, in action for expenses and losses claimed as result of leakage and collapse of drums of refined canola oil carried on board ship, for production of documents and for leave to question employees of third parties under oath -- Drums purchased by suppliers from third parties -- Crown unable to obtain information from third parties informally on handling of drums from time of purchase until delivery to Crown -- Third party notice struck by Trial Division Judge in September 1991 on basis of lack of jurisdiction as contracts between Crown and suppliers of vegetable oil contracts for sale of goods and not maritime contracts -- Application allowed -- R. 466.3 allowing questioning of person possibly having information on issue before Federal Court if applicant unable to obtain information informally from person -- Fact Court found without jurisdiction to hear third party claim immaterial to R. 454 or R. 466.3 request -- Clear indication, from reasons striking third party notice, persons to be examined have information on issues in main action -- Documents requested by Crown woud be compellable at trial as persons to be questioned under oath may have information on issue of action in Federal Court -- Federal Court Rules, C.R.C., c. 663, RR. 454 (as am. by SOR/90-846, s.15), 466.3 (as enacted idem, s. 16).