Jurisdiction of Federal Court

Certain Underwriters at Lloyd's and Soline Trading Ltd. v. Mediterranean Shipping Company S.A., 2017 FC 460, 2017 FC 893

In Admiralty Practice, Pleadings on October 6, 2017 (Updated April 11, 2018)

Précis: The Federal Court held it had no jurisdiction to adjudicate a third party claim for indemnity brought by the ocean carrier against a trucker who took delivery of the cargo either unlawfully or negligently.

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Judicial Review of Truck Licencing Decision by Port Authority - Jurisdiction of Federal Court

ATL Trucking Ltd. v. Vancouver Fraser Port Authority, 2015 FC 420

In Admiralty Jurisdiction on April 8, 2015 (Updated June 04, 2015)

Précis: The Federal Court held that it did have jurisdiction to hear a judicial review application appealing a decision by a Port Authority denying trucking licences to the Applicants.

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Arrest of Cargo by Unpaid Seller Set Aside - Insolvency of Buyer - Jurisdiction of Federal Court - s. 69 Bankruptcy Act Stays

LF Centennial Pte. Ltd. v. TRLU7228664 et al (Containers), 2015 FC 214

In Admiralty Practice, In Rem Actions and Arrest on February 19, 2015 (Updated July 16, 2015)

Précis: An in rem plaintiff has no right to commence proceedings and arrest in Federal Court when there are ongoing insolvency proceedings in a provincial superior court and an outstanding order under the Bankruptcy and Insolvency Act staying all proceedings.

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Jurisdiction of Federal Court - Redelivery of chartered ship with excessive bunkers

Aquavita International S.A. v. M/V Pantelis (Ship), 2015 FC 180

In Admiralty Jurisdiction on February 13, 2015 (Updated August 06, 2015)

Précis: The Federal Court held that it did have jurisdiction over a claim by a sub-charterer for excessive bunkers on board the ship when re-delivered at the conclusion of the sub-charter.

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Action Against Insurance Broker - Applicability of Canadian Maritime Law - Jurisdiction of Federal Court

Coastal Float Camps Ltd. v. Jardine Lloyd Thompson Canada Inc., 2014 FC 906

In Admiralty Practice, Pleadings on September 22, 2014 (Updated June 03, 2015)

Précis: The Federal Court refused to strike a claim for negligence against a marine broker as it was not “plain and obvious” the court was without jurisdiction.

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