John E. Canning Ltd. v. Tripap Inc.

This was an application to dismiss the Plaintiff’s claim on the grounds that it was not a maritime matter and the Federal Court lacked jurisdiction. The claim arose from an agreement between the Plaintiff and Defendant pursuant to which the Plaintiff had agreed to sell and deliver by barge wood to the Defendant. The Defendant later purported to terminate the agreement on the grounds that the Plaintiff had failed to perform its obligations. The Plaintiff then brought this action alleging that the Defendant breached the agreement without cause and sought damages including expenses covering the barge. The Court held that, although the agreement between the parties included some undertakings involving maritime matters, the sole claim advanced of unlawful termination of a purchase and sale agreement had nothing to do with the marine aspects of the agreement. In the result, the Court held that it was without jurisdiction and dismissed the claim.