Ordina Shipmanagement Ltd. v. Unispeed Group Inc.
T-1721-98
Nadon J.
11/2/99
3 pp.
Security-Undertaking as to damages-Application by International Maritime Services Inc. (IMS) for order directing assessment of damages following T.D. order allowing plaintiff's application for order for protective measures in form of Mareva injunction against defendant Unispeed Group-Application dismissed-Law clear order sought by IMS can only be made where applicant has given undertaking to Court-Law also clear Court cannot compel applicant to provide undertaking as to damages-If applicant refuses to provide undertaking, Court may refuse to grant order sought-Appears clearly from order made by Trial Judge that Ordina gave understanding and provided security in form of security bond in respect of damages which might be suffered by defendant-However, no undertaking given in respect of damages which might be suffered by third parties such as IMS-As no undertaking given, Court cannot direct inquiry into damages suffered by IMS-R. 373(2) not deeming applicant who obtains injunction to have given undertaking to all those who might suffer damages as result of Court granting order sought-Federal Court Rules, 1998, SOR/98-106, r. 373(2).