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Brooks Aviation, Inc. v. Boeing SB-17G Aircraft, Serial No. 44-83790
T-217-02
2002 FCT 503, MacKay J.
1/5/02
5 pp.
Motion seeking permit dispensing with service of statement of claim, warrant of arrest upon res, wrecked, abandoned Boeing SB-17G Aircraft, apparel, cargo--Order directing arrest of res deemed to be effective--Claim herein, basically one of salvor to wrecked aircraft, falling within jurisdiction of Court under Federal Court Act, s. 22(2)(j)--By publication of information about discovery of wreck, by notice of originating statement of claim, warrant of arrest provided to federal, provincial authorities, by plaintiff's acknowledgement that Part VI of Canada Shipping Act applicable, if wrecked aircraft recovered, notice of discovery, of salvor's claim to wrecked aircraft has been, will be given to all likely to be interested-- Special circumstances warranting dispensing with service of Court's documents--Order issued so providing--Federal Court Act, R.S.C., 1985, c. F-7, s. 22 (as am. by S.C. 1996, c. 31, s. 82)--Shipping Act, Canada, R.S.C., 1985, c. S-9.