DSL Corporation v. Bulk Atlantic Inc., 2003 FC 1061

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The Plaintiff claimed against the Defendant for damage to steel pipe carried from Turkey to Houston. The Defendant applied to set aside the ex juris service of the Statement of Claim or stay the proceedings on the grounds there was no real and substantial connection between the matter and Canada. The Plaintiff was an American company, one of the Defendants …

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Vilhena Shipping Ltd. v. Agro-hall Ltd., 2003 FCT 756

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This was an application by the Defendant to dismiss the proceedings or, alternatively, for a stay of proceedings. The ground for the application was that the Plaintiff had commenced parallel proceedings for the same relief in France. The Plaintiff had attempted to withdraw those proceedings but this was not allowed by the French Tribunal. Under the circumstances the Prothonotary declined …

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A. Paschos K. Katsikopoulos S.A. v. The "Polar" et al., 2003 FCT 584

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This was an application to strike out the Statement of Claim because the Plaintiff had commenced an earlier action in Greece involving the same parties or, in the alternative, to stay the proceedings on the basis of forum non conveniens. The court was also requested to review the amount of the security that had been provided by the Defendants to …

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Saskatchewan Wheat Pool v. Armonikos Corp. Ltd., 2002 FCA 444

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In this matter the Appellant applied for a stay of a judgement pending appeal. The judgement appealed from had ordered that the Federal Court proceedings be stayed in favour of London arbitration pursuant to an arbitration clause in a charter party. The court noted that the test to be applied was three-fold: (a) there must be a serious issue to …

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Continental Insurance Co. v. Almassa International Inc., 111 ACWS (3d) 470

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This matter concerned a cargo policy taken out by a Quebec merchant from an Ontario based insurer insuring a cargo of lumber carried from Quebec to Saudi Arabia. During the course of the voyage the ship suffered engine damage and called at an intermediate port for repairs. As a result of the delay, the lumber cargo was damaged and a …

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Royal & Sun Alliance v. The "Renegade III", 2001 FCT 1050

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This was an application for a stay of proceedings. The applicant was the owner of the Defendant yacht which had been damaged during the 2000 Victoria-Maui race. The applicant made a claim under his insurance policy for approximately $122,000 which was paid except for the sum of approximately $12,000. Subsequent to the payment the underwriters learned of circumstances which might …

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Nissho Iwai Company Limited et al v. Shanghai Ocean Shipping Company, 2000 CanLII 15777

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This was an application to stay proceedings on the grounds that Canada was not the convenient forum. The action arose out of the grounding of the "Ning Hai" in the Kurile Islands and the consequent loss of the Plaintiff’s cargo. The Plaintiff alleged that the Defendant, as provider of the officers and crew of the "Ning Hai", owed it a …

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Canadian Pacific Railway Company v. The "Sheena M" et al., [2000] 4 FC 159

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This is another action arising out of the collision between the barge "Rivtow 101" in tow of the "Sheena M" and a railway bridge. As a result of the collision $5 million in damage was caused to the bridge. Two actions were commenced following the collision; one by the owners of the "Sheena M" for limitation (the "limitation action") and …

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Mitsui & Co. v. The "Evelyn", 1998 CanLII 5872 (BC SC)

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This was an application to stay proceedings in British Columbia in favour of Japan. The action was for damage to a cargo of coils shipped from Japan to British Columbia. The Defendants relied upon a jurisdiction clause in the bills of lading selecting the Tokyo District Court as the appropriate forum. The motions judge followed well established case law to …

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Humble v. The "Queen of Alberni", Reg. No.C940031, (B.C.S.C.)

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This was an application by the Defendant for a stay of the Plaintiff’s action on the grounds that there were similar actions pending in the Federal Court of Canada. The Defendant wanted all actions consolidated. The British Columbia Supreme Court refused the application on the basis that the Plaintiff’s claim might be time barred in the Federal Court and the …

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