Key Marine Industries Ltd. v. Glen Coe The
T-238-95
Hargrave P.
20/3/95
6 pp.
Ex parte application under R. 324 for judgment in default of defence against defendants -- Action both in rem and in personam -- In personam defendants, owners of vessel, not served -- In in rem action, in personam liability arises only when owner enters appearance or files defence -- For judgment to go against defendants, owners of Glen Coe, personally, they must be served or voluntarily appear in order to defend vessel -- Therefore, application for default judgment against all defendants dismissed -- Affidavit of ex officio Marshall of Federal Court setting out service of statement of claim by posting it on outer hull of vessel on blocks in dry dock in North Vancouver -- Under R. 1002(5) in rem statement of claim may be served by attaching it to main mast, or single mast, or some other conspicuous part of ship -- Purpose that arrest warrant, statement of claim must come to attention of all concerned -- Default judgment, serious matter, granted at discretion of Court -- Court ought to be satisfied as to service within spirit, if not letter, of in rem service rule -- Federal Court Rules, C.R.C., c. 663, RR. 324, 1002(5).