Bill of Lading - Admiralty Law

Arc-En-Ciel Produce Inc. v. MSC Belle (Ship) 2020 FC 23, 2020 FC 23, 2021 FCA 70

In Other Practice Topics, Stays of Proceedings on May 14, 2021

Précis: The Federal Court of Appeal found the Federal Court erred in applying the “strong cause” test to a claim under s. 46 of the Marine Liability Act.

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Bill of Lading - Maritime Jurisdiction - Third-Party

Elroumi v. Shenzhen Top China Imp & Exp Co. Ltd., 2019 FCA 281

In Admiralty Jurisdiction, Other Practice Topics on November 7, 2019 (Updated November 15, 2019)

Précis: The Federal Court of Appeal affirmed that claims against road carriers were not claims under Canadian maritime law.

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Bill of Lading - Completed - Container Yard to Container Yard - Obligations

Black & White Merchandising Co. Ltd. v. Deltrans International Shipping Corporation, 2019 FC 379

In Admiralty Jurisdiction, Pleadings on March 27, 2019 (Updated April 06, 2019)

Précis: The Federal Court lacked jurisdiction to hear a claim subsequent to completion of the obligations under a bill of lading.

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Bill of Lading - Jurisdiction Clause - Stay of Proceedings

Z.I. Pompey Industrie v. ECU-Line N.V., 2003 SCC 27

In Arbitration/Jurisdiction Clauses in Maritime Law on May 1, 2003 (Updated July 18, 2012)

The Plaintiffs claimed that cargo carried from Belgium to Canada and then on to the US was damaged. The Appellant shipowner sought to rely on an exclusive jurisdiction clause in the bill of lading referring claims to the Courts of Belgium. The matter arose before s.46(1) of the Marine Liability Act came into force. The Prothonotary refused to uphold the …

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Bill of Lading - Jurisdiction Clause - MLA s.46

Nestle Canada Inc. v. The "Viljandi" et al., 2003 FCT 28

In Arbitration/Jurisdiction Clauses in Maritime Law on January 14, 2003 (Updated July 18, 2012)

This was an an application for a stay of proceedings on the basis of a jurisdiction clause contained in a bill of lading. The Court refused the stay on the grounds that the action had been commenced after the Marine Liability Act was proclaimed in force (August 8, 2001) and, therefore, the matter was covered by s. 46(1) of the …

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Bill of Lading - Jurisdiction Clause - Stay of Proceedings

Can-Am Produce and Trading Ltd. v. The "Senator", No. T-2353-95 (F.C.T.D.)

In Arbitration/Jurisdiction Clauses in Maritime Law on April 22, 1996 (Updated July 18, 2012)

This matter concerned a motion by the Defendant to stay proceedings by reason of a jurisdiction clause in the bill of lading. The Plaintiff opposed the motion on three grounds: that there were two jurisdiction clauses in the bill of lading which were inconsistent; that Canada was the more convenient jurisdiction; and that the action was also against Canadian stevedores …

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Attornment - Bill of Lading - Jurisdiction Clause - Stay of Proceedings

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

In Arbitration/Jurisdiction Clauses in Maritime Law on November 9, 1995 (Updated July 18, 2012)

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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