Elroumi v. Shenzhen Top China Imp & Exp Co. Ltd., 2019 FCA 281 (2019-11-07)
Facts: The appellant appealed the decision of the Federal Court which held that it lacked jurisdiction to hear claims against road and rail carriers which were other contracts of carriage not part of the bills of lading. The appellant also sought to add the ocean carrier CMA CGM as third party.
Decision: Appeal Dismissed
Held: The Court upheld the lower Court’s decision on the basis that claim did not satisfy the Supreme Court of Canada's tripartite test as set out in ITO-Int’l Terminal Operators v. Miida Electronics. Specifically, the Court held that the underlying action was not within the jurisdiction of the Federal Court because, “A claim against a local road transporter or an operator of a warehouse distant from an ocean port is not a claim under Canadian maritime law.” The road transporter, therefore, is bound by provincial law.