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Ricci v. Tully, 2009 FC 493

In Admiralty Practice, Judicial Sales on (Updated )

This was a dispute between a husband and wife involved in divorce proceedings as to the ownership of a sailboat named “Forever Lost”. The boat was purchased with funds raised by the plaintiff/wife from a mortgage on her home but was registered in the name of the defendant/husband. The plaintiff claimed that she was the equitable owner of the boat …

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Mitsui O.S.K. Lines Ltd. v. Mazda Canada Inc., 2008 FCA 219, 2008 CanLII 63491

In Admiralty Practice, Stays of Proceedings on (Updated )

The Cougar Ace took on a list of 60 degrees while en route to Canada and the U.S.A. from Japan. As a consequence, a large number of automobiles destined for Canada and U.S.A. were damaged. All of the automobiles were subject to a contract of carriage that contained a jurisdiction clause in favour of Japan and a choice of law …

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OT Africa Line Ltd. v. Magic Sportswear Corp., 2006 FCA 284

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

This was a subrogated action by cargo insurers for damages for the short shipment of goods carried from New York to Liberia under a bill of lading that was issued in Canada. The freight was also payable in Canada and the Defendant carrier, although not a Canadian resident, had offices in Canada. None of the Plaintiffs resided in Canada. The …

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Sumisho Reftech Co. Ltd. v. The "Great Pride", 2006 FC 388

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

This was an application to stay proceedings. The underlying matter concerned a contract for the carriage of goods from China to Japan and the parties to that contract were not Canadian residents. The only basis for bringing the action in Canada was that the Defendant COSCO had a Canadian office and the existence of this Canadian subsidiary gave the court …

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Pan Liberty Navigation Co. Ltd. v. World Link (HK) Resources Ltd., 2005 BCCA 206

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

In this matter the Plaintiff had obtained an arbitration award in London against a defaulting charterer under a charter party that required English law and arbitration. The Plaintiff commenced this action against the defaulting charterer to enforce the award but also included as Defendants various other corporate entities. The Plaintiff alleged that the corporate entities were one and the same …

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Dongnam Oil & Fats Co. v. Chemex Ltd. et al., 2004 FC 1732

In Arbitration/Jurisdiction Clauses in Maritime Law, In Rem Actions and Arrest on (Updated )

This matter concerned damage to a cargo of bleached tallow to be carried from Newark, New Jersey to Inchon, Korea. The cargo was to be carried on board the ship “Tuapse”. The “Tuapse” was owned by Novoship but chartered under a head charter to Chemex. The head charter provided for London arbitration. The Plaintiff and Chemex entered into a voyage …

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A. Paschos K. Katsikopoulos S.A. v. The "Polar" et al., 2003 FCT 584

In Admiralty Practice, Stays of Proceedings on (Updated )

This was an application to strike out the Statement of Claim because the Plaintiff had commenced an earlier action in Greece involving the same parties or, in the alternative, to stay the proceedings on the basis of forum non conveniens. The court was also requested to review the amount of the security that had been provided by the Defendants to …

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

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

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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Atlantic Cement Carriers Ltd. v. Atlantic Towing Ltd., 2002 FCT 761

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

This was an application by a tug owner to stay proceedings commenced in the Federal Court by the owner of a barge for damages sustained because of the sinking of the barge and for an indemnity for any amounts the barge owner might be required to pay to the owner of the cargo on board the barge at the time …

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Mariana Maritime S.A. v. Stella Jones Inc., 2002 FCA 215

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

This was an appeal from an Order by the motions Judge dismissing an application by the Defendant carriers for a stay of proceedings. The facts were that the parties had entered into a “Conline” booking note for the carriage of the Plaintiffs’ cargo. The booking note specified that its terms would be superceded by the terms of the bill of …

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