Can-Am Produce and Trading Ltd. v. The "Senator", No. T-2353-95 (F.C.T.D.)

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

This matter concerned a motion by the Defendant to stay proceedings by reason of a jurisdiction clause in the bill of lading. The Plaintiff opposed the motion on three grounds: that there were two jurisdiction clauses in the bill of lading which were inconsistent; that Canada was the more convenient jurisdiction; and that the action was also against Canadian stevedores …

Full Summary

Trans-Continental Textile Recycling v. The "Erato II" and "MSC Giovanna", 1995 CanLII 3547 (FC)

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

In this matter the Defendant sought to rely on a jurisdiction clause in a bill of lading that selected New York as the proper forum. The Plaintiff opposed the Defendant’s motion for a stay on the grounds, inter alia, that the Defendant had attorned to the jurisdiction of the Federal Court. The Defendant had filed a Statement of Defence in …

Full Summary

Usach Technologies Inc. v. Lamprecht Transport Ltd., No. T-1928-94, (F.C.T.D.)

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

In this matter the Court enforced a jurisdiction clause, contained in a through bill of lading, in favour of Switzerland. The Plaintiff attempted to argue that the clause had not been properly brought to its attention but the Court held that the Plaintiff knew of the existence of the clause and accepted it.

Full Summary

Donohue Inc. v. The "Ocean Link", No. T-1692-92, (F.C.T.D.)

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

In this matter the Court refused a motion for a stay of Third Party proceedings on the grounds that, first, the Court could not determine on the evidence before it whether a contract with a jurisdiction clause existed and, second, it was likely that if the stay was granted two separate actions would proceed.

Full Summary