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

In Admiralty Practice, Stays of Proceedings on (Updated )

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 …

Full Summary

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

In Admiralty Practice, Stays of Proceedings on (Updated )

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 …

Full Summary