Précis: Athens Convention claims cannot be heard in a jurisdiction where the carrier does not have a place of business in that same jurisdiction.
Full SummaryOpenHydro Technology Canada Ltd. (Re) v., 2018 NSSC 283
Précis: A provincial court may defer to the Federal Court to adjudicate existing in rem claims against a bankrupt.
Full SummaryHarry Sargeant III v. Al-Saleh, 2014 FCA 302
Précis: The Federal Court of Appeal held that a foreign fraud judgment in a non-maritime matter could not support a claim in rem and was outside the jurisdiction of the Federal Court.
Full SummaryArcelormittal Mines Canada Inc. v. AK Steel Corporation, 2014 FC 118, 2014 FCA 287
Précis: The Federal Court of Appeal confirmed the trial judgment holding that the sale of cargo to be transported by ship was a matter of navigation and shipping, and within the jurisdiction of the Federal Court and further confirming the judgment for indemnity obtained by the purchaser of a cargo of iron ore pellets against the vendor of the pellets on the basis that the pellets delivered had excessive moisture content.
Full SummarySDV Logistiques (Canada) Inc. v. Dieselgenset Type 8M 25, Engine No. 45085 EX the Barge Andrea, 2013 FC 671
Précis: The court held that it had no jurisdiction to sell property that was not located in Canada.
Full SummarySiemens Canada Limited v. J.D. Irving, Limited, 2011 FC 791, 2012 FCA 225
Précis: The Federal Court of Appeal upheld the decision of the trial Judge enjoining proceedings in a provincial superior court while a limitation action was proceeding.
Full SummaryAlcan Primary Metal v. Groupe Maritime Verreault Inc, 2011 FCA 319
This case concerned whether the Federal Court had the jurisdiction to determine a dispute between the parties involving alleged breaches of a brokerage contract relating to tugs. The parties had entered into a contract whereby the plaintiff was to be paid a commission in the event that it found a tug or tugs that met the needs of the defendant. …
Full SummaryMcDermott Gulf Operating Company v. Oceanographia Sociedad Anonima de Capital Variable, 2010 NSSC 118
This was an application to stay proceedings commenced in the Nova Scotia Supreme Court on the basis that the court lacked jurisdiction simpliciter or was otherwise not the appropriate forum. The underlying claim by the plaintiff was for charter hire and other charges allegedly owed by the defendants. The first plaintiff was a Panamanian company and was the owner of …
Full SummaryLocher Evers International v. Canada Garlic Distribution Inc., 2008 FC 319
This was an action for the recovery of freight in relation to the carriage of produce from China to Toronto. The Defendant did not dispute the freight was owing but alleged a right to set-off and argued that the agreement ousted the jurisdiction of the Federal Court. The agreement between the parties expressly incorporated the Ciffa terms and those terms …
Full SummaryIsen v. Simms, 2006 SCC 41
The Defendant was injured when a bungee cord that was being used to secure the engine cover of a small pleasure boat slipped from the hands of the Plaintiff shipowner and struck the Defendant in the eye. At the time of the incident the pleasure boat had just been removed from the lake and was on a trailer being prepared …
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