Doust and Co. v. Ship Nyon III, (1986) 3 F.T.R. 192 (TD)

• Judge: Rouleau, J.
• Court: Federal Court (Canada)
• Case Date: April 14, 1986
• Jurisdiction: Canada (Federal)
• Citations: (1986), 3 F.T.R. 192 (TD)

Doust and Co. v. Ship Nyon III (1986), 3 F.T.R. 192 (TD)

MLB headnote and full text

Doust and Company Limited v. The Ship "Nyon III", Official Number 331282, Also known as "Allure" and the owners and all others interested in the Ship "Nyon III"

(T-493-86)

Indexed As: Doust and Co. v. Ship Nyon III

Federal Court of Canada

Trial Division

Rouleau, J.

April 18, 1986.

Summary:

Doust sought to enforce a foreign judgment against a ship in Canada. The shipowners applied to strike Doust's statement of claim, arguing that the Federal Court of Canada, Trial Division, did not have jurisdiction to entertain a claim to enforce a foreign judgment in admiralty. The Trial Division, held that the question of jurisdiction should be determined at trial, because at the hearing of the application there were not sufficient facts before the court to determine the issue.

Courts - Topic 2345

Jurisdiction - Practice - Challenging jurisdiction - The Federal Court of Canada, Trial Division, held that on an interlocutory application where the question of the court's jurisdiction is raised, if there are insufficient facts before the court to enable the Trial Division to determine whether it has jurisdiction, the question of jurisdiction should be determined at trial.

Practice - Topic 2241

Pleadings - Striking out - Grounds - Lack of jurisdiction - When jurisdiction to be determined - A defendant applied to strike out a pleading filed in the Federal Court of Canada, Trial Division, alleging that the court lacked jurisdiction - The Trial Division held that if on hearing the application there were insufficient facts before the court to enable it to determine whether it had jurisdiction, the question of jurisdiction should be determined at trial and the pleading allowed to stand.

Cases Noticed:

Anglophoto Ltd. v. Ship "Ikaros" et al., [1974] 1 F.C. 327; 2 N.R. 509, appld. [para. 7].

Statutes Noticed:

Federal Court Act, R.S.C. 1970, 2nd Supp., c. 10, sect. 22 [para. 6].

Counsel:

B.W. Greer, for the plaintiff;

N. Daugulis, for the defendants.

Solicitors of Record:

Robertson & Ward, Vancouver, B.C., for the plaintiff;

Bull, Housser & Tupper, Vancouver, B.C., for the defendants.

This application was heard at Vancouver, British Columbia, on April 14, 1986, before Rouleau, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on April 18, 1986: