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Continental Insurance Co. v. Almassa International Inc., 111 ACWS (3d) 470

In Admiralty Practice, Stays of Proceedings on (Updated )

This matter concerned a cargo policy taken out by a Quebec merchant from an Ontario based insurer insuring a cargo of lumber carried from Quebec to Saudi Arabia. During the course of the voyage the ship suffered engine damage and called at an intermediate port for repairs. As a result of the delay, the lumber cargo was damaged and a …

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Holt Cargo Systems Inc. v. ABC Container Line N.V., 2001 SCC 90

In Maritime Liens, Mortgages & Priorities on (Updated )

These cases address the issue of the apparent conflict between the law and procedures of bankruptcy and Canadian Maritime Law. They arose out of the arrest of the ship “Brussel” at Halifax by the Respondent, a maritime lien holder. Shortly after the arrest the Belgium owner was declared a bankrupt and a Trustee in bankruptcy was appointed by the courts …

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Royal & Sun Alliance v. The "Renegade III", 2001 FCT 1050

In Admiralty Practice, Stays of Proceedings on (Updated )

This was an application for a stay of proceedings. The applicant was the owner of the Defendant yacht which had been damaged during the 2000 Victoria-Maui race. The applicant made a claim under his insurance policy for approximately $122,000 which was paid except for the sum of approximately $12,000. Subsequent to the payment the underwriters learned of circumstances which might …

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Waterworks Construction Ltd. v. Liberty Mutual Insurance Co., 2001 NSSC 125

In Marine Insurance on (Updated )

This action arose out of the sinking of a concrete casing which was determined to be a hazard. The Plaintiff alleged that its liability for the cost of removal of the casing was covered by an insurance policy issued by the Defendant. There was, however, a second action between the Plaintiff and other parties relating to the liability for the …

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Hyundai Merchant Marine Co. Ltd. v. Anraj Fish Products Industries Ltd. et al., 2000 CanLII 15628

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

This was an appeal from an order of a Motions Judge in which the Motions Judge overturned the order of a Prothonotary staying the action on the grounds of a jurisdiction clause in the bill of lading selecting Korea as the appropriate jurisdiction. The Federal Court of Appeal stated that the standard of review on an appeal of this sort, …

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Nissho Iwai Company Limited et al v. Shanghai Ocean Shipping Company, 2000 CanLII 15777

In Admiralty Practice, Stays of Proceedings on (Updated )

This was an application to stay proceedings on the grounds that Canada was not the convenient forum. The action arose out of the grounding of the "Ning Hai" in the Kurile Islands and the consequent loss of the Plaintiff’s cargo. The Plaintiff alleged that the Defendant, as provider of the officers and crew of the "Ning Hai", owed it a …

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Fibreco Pulp Inc. v. Star Shipping A/S et.al., 1998 CanLII 7356, 2000 CanLII 15323

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was an appeal from the order of a Motions Judge upholding the decision of a Prothonotary in which the Prothonotary ordered that the action be stayed not only against parties to an arbitration agreement but also against Defendants not parties to the agreement. The case involved two shipments of pulp from Squamish, British Columbia to Finland via Rotterdam. The …

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Texserv Inc. v. Incon Container USA Ltd., 2000 CanLII 22371

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

This was an application by the Defendant carrier to stay proceedings on the basis of a jurisdiction clause in the bill of lading requiring actions to be commenced in Florida. The Court declined the stay on the basis that the contract of carriage was effected before the bill of lading was issued, the Plaintiff was not aware of the jurisdiction …

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Cerco Industries Ltd. v. The OOCL Canada, Vancouver Registry No.C990101 (B.C.S.C.)

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

This was an application for a stay of proceedings based on a jurisdiction clause in the bill of lading in favour of Belgium. The court noted that a stay should be ordered unless the Plaintiff showed "strong cause" for not doing so and that the "strong cause" the Plaintiff must show goes beyond mere balance of convenience. The court further …

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Town Shoes Limited v. Panalpina Inc. et al., 1999 CanLII 8326

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

This case concerned the theft of a container of shoes carried by the Defendants from Italy to Montreal. The theft occurred at a Montreal warehouse. The Defendants brought this motion to stay the proceedings pursuant to a law and jurisdiction clause in the bill of lading that provided for the exclusive jurisdiction of the Court of Hamburg and the application …

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