Elders Grain Co. v. M. V. Ralph Misener ( The )
T-1836-90
Morneau P.
27/6/96
8 pp.
Motion for declaration service of reamended statement of claim upon defendant vessel valid and for issuance of warrant for arrest of vessel under R. 1003; in alternative, request for order extending time to serve statement of claim under R. 306-Service upon vessel effected by leaving certified copy of statement of claim with Master on board vessel instead of strict compliance with R. 1002(5)(a) (attaching certified copy of statement of claim to main mast or conspicuous part of ship)-Given wording of R. 1002(5)(a), service of statement of claim upon defendant vessel not sufficient, proper and valid-Considering all circumstances, insufficiency of service should not be fatal to plaintiffs' right to proceed in rem-In view of fact plaintiffs made very clear to defendants from beginning claim both in personam and in rem, circumstances constitute sufficient reason under R. 306 to grant order extending time for service-In addition, defendants did not submit evidence new service would cause prejudice-Federal Court Rules, C.R.C., c. 663, RR. 306, 1002(5).