PRACTICE |
Judgments and Orders |
Enforcement |
Joy Shipping Co. Inc. v. Empressa Cubana Des Fletes
T-221-99
Lemieux J.
20/6/00
8 pp.
Application for order setting aside writ of seizure of ship or stay of execution--In March 1999, Trial Division Judge had ordered registration of foreign judgment against respondents--In May 2000, applicant applied for writ of seizure and sale to enforce that order--Writ of seizure and sale issued by registry directing sheriff in St. John's, Nfld. to seize ship, which he did--Application dismissed--Federal Court Rules, 1998, r. 399 did not authorize Court to set aside writ as not order of Court as contemplated by r. 399--Writ subsequent to order or judgment of Court and judgment creditor entitled to execution of that judgment by filing requisition for its issuance--Issuance of writ by Registry purely mechanical function; no determination thereby of who owned ship--Also, Rules provided respondents with specific mechanism to challenge seizure of ship on basis judgment debtors not its owners--R. 448 governing processing of objection to seizure on this basis, with Newfoundland laws applicable as ship seized there--Jurisdiction in Federal Court throughout process--Finally, in context of r. 448, not appropriate for Court to consider at this stage merits of respondent's argument without full record on whether, in fact, ship asset of respondents which applicant could look to--Stay granted on condition respondent file security for entire amount of judgment outstanding--Federal Court Rules, 1998, SOR/98-106, rr. 399, 448.