Elders Grain Co Ltd v Carling O’Keefe Breweries of Canada Ltd and Others (The “Ralph Misener”) - Federal Court (Trial Div)(Richard Morneau Prothonotary) - 27 June 1996

Admiralty practice - Statement of Claim delivered to Master of vessel but not attached to ship - Whether vessel properly served in rem - Whether time for service should be extended

On 25 June 1991 the plaintiffs served a statement of claim upon the in personam defendants in respect of a cargo claim. On 27 June 1991 “service” of the statement of claim was effected on the defendant vessel by leaving a certified copy of the statement of claim with the Master on board the vessel.