Gleeson v Imagine Reinsurance Holdings Ltd

• Jurisdiction: Bermuda
• Judgment Date: 06 January 2005
• Date: 06 January 2005
• Docket Number: Civil Jurisdiction 2003 No. 379 Civil Jurisdiction 2004 No. 263
• Court: Supreme Court (Bermuda)

In The Supreme Court of Bermuda

Bell, J

Civil Jurisdiction 2003 No. 379

Civil Jurisdiction 2004 No. 263

BETWEEN:

Thomas Gleeson

Plaintiff

and

Imagine Reinsurance Holdings Limited

1st Defendant

and

Imagine Insurance Company Limited

1st Defendant

Mr. S Froomkin, QC for the Petitioner

Mr. N Hargun for the Respondents

The following cases were referred to in the judgment:

Spiliada Maritime Corp v CansulexELR [1987] 1 AC 460

National Iranian Oil Co v Ashland Overseas Trading LtdBDLR [1988] Bda LR 13

Arabian American Insurance Co (Bahrain) EC v Al Amana Insurance & Reinsurance Co LtdBDLR [1994] Bda LR 27

Two sets of proceedings: Bermuda and Ontario — Competent and appropriate forum — Insurance

JUDGMENT of Bell, J

Preliminary

1. On 6 January 2005 there were before me two summons in relation to the above proceedings. The first of these was a summons dated 23 August 2004 issued on behalf of Imagine Reinsurance Holdings Limited and Imagine Insurance Company Limited (collectively ‘the Imagine Companies’) in which the Imagine Companies sought consolidation of the two sets of proceedings listed above (respectively ‘the First Action’ and ‘the Second Action’). The second summons, dated 20 September 2004, was issued on behalf of Thomas Gleeson (‘Mr Gleeson’) and sought an order that all further proceedings in the Second Action be stayed until further order of the Court on the grounds that there are currently proceedings between the parties in the Superior Court of Justice in the Province of Ontario in the Dominion of Canada (‘the Ontario Action’ or ‘the Ontario Proceedings’). Mr Froomkin accepted that if Mr Gleeson was unsuccessful in his application for a stay of the Second Action, then consolidation should follow. Accordingly, argument took place on the basis of the stay summons.

Factual background

2. Mr Gleeson issued his proceedings against the Imagine Companies on 18 September 2003 by Generally Endorsed Writ of Summons, to which the Imagine Companies entered appearance on 25 September 2003. Since entry of appearance, no further steps have been taken in the First Action by any of the parties to it.

3. On 25 February 2004, the Ontario proceedings were issued. Mr Gleeson was one of two Plaintiffs, the other being Golden I Holdings Ltd., and the Imagine Companies were but two of a total of some eight Defendants. On 9 July 2004, one of those other Defendants, Brascan Corporation, brought a motion to stay the Ontario Action. That motion, I am told, is now scheduled to be heard on either 10 or 11 January 2005, and since the original motion was filed, it is now common ground that all of the Defendants to the...