Alcan Primary Metal v. Groupe Maritime Verreault Inc, 2011 FCA 319

In Admiralty Jurisdiction on (Updated )

This case concerned whether the Federal Court had the jurisdiction to determine a dispute between the parties involving alleged breaches of a brokerage contract relating to tugs. The parties had entered into a contract whereby the plaintiff was to be paid a commission in the event that it found a tug or tugs that met the needs of the defendant. …

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JP Morgan Chase Bank v. Mystras Maritime Corporation, 2010 FC 1053

In Admiralty Jurisdiction on (Updated )

This matter concerned a dispute between two former shareholders and directors of the judgment creditor concerning who was entitled to the proceeds of an in rem action. The Court held that it was without jurisdiction to determine the dispute which was held not to be integrally connected to maritime matters.

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Isen v. Simms, 2006 SCC 41

In Admiralty Jurisdiction on (Updated )

The Defendant was injured when a bungee cord that was being used to secure the engine cover of a small pleasure boat slipped from the hands of the Plaintiff shipowner and struck the Defendant in the eye. At the time of the incident the pleasure boat had just been removed from the lake and was on a trailer being prepared …

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Kusugak v. Northern Transportation Co. et al., 2004 FC 1696

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In this case the Plaintiffs were the dependants of crew members of the “Avatuq” which sank on 25 August 2002 while en route from Churchill, Manitoba to Arviat, Nunavut. All of the crew members perished. The Defendants included the Commissioner of Nunavut, the Government of Nunavut and some of their employees (the “Nunavut Defendants”). The allegations against the Nunavut Defendants …

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Secunda Marine Services Limited v. The Queen et al., 2003 NSSC 2

In Admiralty Jurisdiction on (Updated )

In this matter the Plaintiff shipowner had obtained an arbitration award against one of the Defendants in London for breach of a charterparty. The Plaintiff subsequently registered the award in the Federal Court and then brought this action against the charterer and against various related companies and the individual alleged to have effective control of all of the Defendants. The …

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Herrenknecht Tunnelling Systems USA Inc. v. Canadian Pacific Railway, 2002 FCT 1089

In Admiralty Jurisdiction on (Updated )

The issue in this case was whether the Federal Court had jurisdiction over a claim for damage caused to cargo during the course of carriage from Quebec to Tacoma, Washington. The cargo was damaged when the train derailed in Ontario. The Judge identified the test as being: 1. There must be a statutory grant of jurisdiction by the federal parliament; …

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Radil Bros. Fishing Co. Ltd. v. Her Majesty the Queen et al., 2001 FCA 317

In Admiralty Jurisdiction on (Updated )

The facts of this case are quite complicated involving licence swaps, fishing quotas and catch history. One of the issues in the case was whether the Federal Court had jurisdiction to entertain a claim arising out of an agreement of purchase and sale of a fishing licence. The Federal Court of Appeal concluded that such a claim did not fall …

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Ruby Trading S.A. v. Parsons et al., [2001] 2 FC 174

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This matter concerned the jurisdiction of the Federal Court to entertain an action by a foreign ship owner against foreign crew members for breach of contract of employment and against a Canadian union for inducing breach of contract. While the "Japan Rainbow II" was loading a cargo of grain wage demands were made by the Defendants which were not satisfied …

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John E. Canning Ltd. v. Tripap Inc., 2000 CanLII 15207

In Admiralty Jurisdiction on (Updated )

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 …

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Inter Atlantic Canada Ltd. v. The Rio Cuyaguateje, 2000 CanLII 14805

In Admiralty Jurisdiction on (Updated )

This was an application to strike out the Statement of Claim and set aside the warrant of arrest on the grounds that the Federal Court lacked jurisdiction. The subject matter of the action was an alleged breach of an agreement relating to the utilization and allocation of North Atlantic shrimp to Cuba. The court held that this was not a …

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