FEDERAL COURT JURISDICTION |
Trial Division |
Ordina Shipmanagement Co. v. Sheringham (The)
T-311-00
Morneau P.
11/7/00
11 pp.
Application to strike by defendant United Med Lines Inc. pursuant to r. 221 on ground plaintiff's statement of claim in personam and in rem disclosed no reasonable cause of action within Court's jurisdiction ratione materiae under Federal Court Act, s. 22(1)--Paragraph 9 of statement of claim indicated agreement referred to in paragraph 3 of affidavit concerned defendant's undertaking to permit execution on own property of arbitral award, judgment and principal agreement between Unispeed Group Inc. and plaintiffs--Latter alleged undertaking by defendant authorized them to rely on Act, s. 22(1) and (2)(i)--Plaintiffs cannot include undertaking under s. 22(2)(i)--Court does not have jurisdiction over defendant's undertaking under Act, s. 22(1) since undertaking contract to facilitate performance of obligation--For purposes of Act, s. 22(1) no connection, no ramifications, with maritime law--Plaintiffs' right of execution over defendant's property not so related to maritime law as to confer jurisdiction on Court--Application allowed--Federal Court Rules 1998, SOR/98-106, r. 221--Federal Court Act, R.S.C., 1985, c. F-7, ss. 21, 22 (as am. by S.C. 1996, c. 31, s. 82).