The Antares - Federal Court of Appeal (Pratte & Ryan JJ. and Hyde D.J.) - 15 November 1982

Practice - Whether action properly served on foreign corporation

The defendant, a Finnish corporation, owned the vessel Antares . The defendant had neither assets, offices, nor permanent agents in Canada. The plaintiff was the owner of a cargo shipped in the vessel from Antwerp to Montreal. On 13 March 1978, after the Antares had arrived at Montreal, the plaintiff commenced an action against the defendant claiming compensation for damages to the cargo. The action was served twice on the defendant. The first service was effected on 31 March 1980 by leaving a copy of the statement of claim with a Mr. L, head of the defendant’s legal department, who then happened to be in Montreal in connection with another legal action. The second service was affected in Finland on 14 April 1980 pursuant to an order of the judge authorizing service of the statement of claim out of the jurisdiction. The defendant appealed to the Federal Court of Appeal to get the order and both services set aside.