Morgan v. Guimond Boats Ltd., 2006 FCA 401

In Admiralty Practice, Judgments and Enforcement of Judgments on (Updated )

In this matter the Plaintiff, a resident of Hawaii, commenced proceedings against the Defendant, a New Brunswick company, in Hawaii in relation to a contract for the design, manufacture and sale of a boat. The Defendant unsuccessfully contested the jurisdiction of the Hawaiian courts, filed a Statement of Defence to the action and participated in a pre-trial conference before withdrawing …

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Trans-Continental Textile Recycling v. The "Erato II" and "MSC Giovanna", 1995 CanLII 3547 (FC)

In Arbitration/Jurisdiction Clauses in Maritime Law on (Updated )

In this matter the Defendant sought to rely on a jurisdiction clause in a bill of lading that selected New York as the proper forum. The Plaintiff opposed the Defendant’s motion for a stay on the grounds, inter alia, that the Defendant had attorned to the jurisdiction of the Federal Court. The Defendant had filed a Statement of Defence in …

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