FEDERAL COURT JURISDICTION |
Kona Concept Inc. v. Guimond Boats Limited
T-1694-04
2005 FC 214, Phelan J.
10/2/05
6 pp.
Motion to strike statement of claim--Action for declaration, by way of summary judgment, that judgment of United States District Court for the District of Hawaii for US $402,213.48 be recognized, enforced as judgment of Federal Court-- Defendant submitting Court lacking jurisdiction to recognize, enforce US judgment--Since shipbuilding contract not matter of maritime law under American law, US District Court's judgment not one of court exercising maritime jurisdiction-- Federal Court having jurisdiction in respect of "any claim arising out of a contract relating to the construction, repair or equipping of a ship" under Federal Courts Act, s. 22(2)(n)-- Plaintiff pleading sufficient facts to arguably engage Court's jurisdiction--Issue not whether US District Court exercising maritime jurisdiction but whether claim under Canadian law falling under Canadian maritime law--Based on Federal Courts Act, s. 22(2)(n), facts pleaded, at least arguable claim falling under Canadian maritime law--Recognition, enforce-ment of US District Court judgment better left to summary judgment motion as status of that judgment in some doubt given dissolution of named plaintiff--Motion dismissed --Federal Courts Act, R.S.C., 1985, c. F-7, ss. 1 (as am. by S.C. 2002, c. 8, s. 14), 22(2)(n) (as am. idem, s. 31).