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Company charged in oil spill claims they weren't served legal documents

A heron sits in English Bay in 2015, with the MV Marathassa, a Japanese built grain carrier in the background.

 A heron sits in English Bay in 2015, with the MV Marathassa, a Japanese built grain carrier in the background. Photo: Jennifer GauthierA heron sits in English Bay in 2015, with the MV Marathassa, a Japanese built grain carrier in the background. Photo: Jennifer Gauthier

The Crown has asked a provincial court judge to allow a trial to proceed with or without a company it accuses of operating a vessel that leaked thousands of litres of bunker fuel into Vancouver's English Bay.

Alassia NewShips Management Inc. has said it wasn't properly served a summons in the case.

The Crown has argued that Alassia operated the MV Marathassa when the vessel leaked 2,700 litres of fuel into English Bay in April 2015.

Alassia has denied it owned the vessel.

Alassia and the Marathassa were charged last March with 10 pollution related offences following a Transport Canada investigation.

The Crown says it notified Alassia of the lawsuit three different ways, including serving a summons to the captain of another vessel operated by the shipping management company while it was docked in a port on Vancouver Island.

Alassia is appealing a separate B.C. Supreme Court decision from November that dismissed the company's argument it wasn't properly served.