PRACTICE
Judgments and Orders
Summary judgment
Motion for declaration recognizing, enforcing judgment of United States District Court in Hawaii in favour of plaintiff—Plaintiff, resident of Hawaii, contracted in New Brunswick with defendant, for construction, delivery of fishing boat—Boat built, delivered, paid for in New Brunswick—Action commenced in contract in U.S. District Court in Hawaii—Motion to dismiss for lack of jurisdiction dismissed, no appeal taken—Default judgment rendered— Issues of fact, law (Federal Court’s jurisdiction to give executory force to District Court judgment; U.S. District Court’s jurisdiction to give original judgment) requiring trial —Motion dismissed.
Morgan v. Guimond Boats Ltd. (T‑1694‑04, 2006 FC 370, Hugessen J., order dated 22/3/06, 13 pp.)