Portbec Forest Products Ltd. v. Bosporus ( The )
T-556-92
Nadon J.
22/2/96
4 pp.
Application to set aside default judgment; allow defendants (Haydn, Marmaras) to file conditional appearance; declare service of statement of claim invalid-Service upon Haydn, Marmaras effected by serving statement of claim, default judgment upon purported agent, Amican Navigation Inc.-Amican not defendants' agent within R. 310(2)-Amican signed bill of lading on behalf of master of ship-Amican, as agent for Pegasus, charterer, authorized to sign bills of lading by virtue of charter-party-Pegasus, Amican authorized, on behalf of Haydn to attend to ship's husbandry-Neither husbandry authority nor authority to issue bills of lading sufficient to make Amican person whose services regularly used by Haydn, Marmaras so as to allow service of statement of claim, default application upon Haydn, Marmaras to be made upon Amican-Requirements of R. 310 must be strictly adhered to-Substitutional service only effected under these provisions when prospective defendants in ordinary course of business enter into transactions in Canada, regularly make use of services of person served for purposes of transaction in question-Existence of all these elements cannot be presumed by Court: Mona Lisa Inc. v. The Carola Reith, [1979] 2 F.C. 633 (T.D.)-Motion allowed-Federal Court Rules, C.R.C., c. 663, R. 310(2).