Marley Co. v. Cast Husky ( The )
T-2718-93
Nadon J.
31/3/95
14 pp.
Application for order Court without jurisdiction to hear action on ground statement of claim not seeking remedy under Canadian maritime law or other Canadian law relating to navigation and shipping -- Plaintiffs, owners and shippers, making arrangements with defendants (Cast Group) to carry goods to be shipped from Illinois to Holland via Montréal -- Defendant rail company (Soo Line) retained by Cast Group to carry container to Montréal where container to be loaded on Cast ship for ocean carriage -- As Soo Line not authorized to carry containers into Canada, Soo Line contract contemplating container to be carried to Montréal by another railway carrier-Container dropped during loading onto railcar in Illinois-Plaintiffs contracting with Cast Group for carriage, thus claim against Soo Line in tort only -- Where separate contracts for carriage of goods made, each contract must be construed in order to determine whether liability arising out of particular contract falling within jurisdiction of Court, maritime or otherwise -- Soo Line claim not falling within purview of Act, s. 22(2)(f) regarding claim pursuant to through bill of lading contract as Soo Line not party to carriage contract -- Furthermore s. 22(2)(f) cannot confer jurisdiction over matters not falling within Court's maritime jurisdiction -- Contract of carriage by rail or by land entered into in context of a through bill of lading, portion of which calling for carriage by sea, not necessarily falling within jurisdiction of Court -- Present claim against Soo Line not falling within Court's maritime jurisdiction as Soo Line's activities not part and parcel of sea carriage contract -- Plaintiff contending Court having jurisdiction by reason Soo Line constituting undertaking extending beyond limits of a province (Act, s. 23)-Lack of evidence Soo Line having Canadian establishment and conflicting evidence regarding whether or not Soo line carrying container into Canada rendering s. 23 issue indeterminable in absence of further evidence in regards to Soo Line's activities and operations -- No determination with respect to whether Court having jurisdiction over Soo Line pursuant to Act, s. 23 -- Soo Line's application dismissed -- Federal Court Act, R.S.C., 1985, c. F-6, ss. 22(2)(f), 23.