Logunov v. Sheduva ( The )
T-2514-96
Muldoon J.
24/4/98
13 pp.
Motion by plaintiffs, master, officers, crew of M.V. Sheduva to review taxing officer's taxation under RR. 3(1)(c), 346(2), 1007(8)-Plaintiffs complaining High Sheriff of Newfoundland, marshal, did not perform duties of office of marshal, not entitled to full amount of marshal's costs as taxed-Seeking extension of time for instituting review of taxing officer's taxation of marshal's account-Marshal requesting application be dismissed as instituted out of time-Captain Logunov of M.V. Sheduva stating criminal acts of aggression by director of owner, persons named in affidavit have caused crew to fear for own safety, safety of families from whom separated over time span of many months-None of directors' crimes nor embassy's interference could be attributed to marshal-14 days usual delay within which interlocutory motions can be brought under Court's current rules-Plaintiffs entitled to justice under law-Have themselves carried out some of substantive law, rendered it effective by thwarting owners' nefarious schemes-Request for extension of time limitation granted-Federal Court Act, s. 13 making provincial sheriffs ex officio marshals of Court-No indication High Sheriff of Newfoundland not validly appointed marshal, operating as such with tacit approval of legislature of Newfoundland-R. 1007(8) providing no time limit for making motion to review taxing officer's taxation-Marshal not so diligent in performing duties as he could, should have been-Plaintiffs took necessary principal role in completing appraisal, sale of Sheduva to avoid loss of first priority claim for wages-Marshal performed minimum of marshal's role herein-Adequately paid for services if account for $7,089.50 reduced to, paid at $2,089.50-Effect to leave more for plaintiffs' claim-Plaintiffs entitled to party and party costs of motion to review taking officer's taxation-Federal Court Rules, C.R.C., c. 663, RR. 3(1)(c), 346(2), 1007(8)-Federal Court Act, R.S.C., 1985, c. F-7, s. 13.