Huber (Frederick) and Sons Import et al. v. Ship Nadezhda Obukhova et al., (1989) 29 F.T.R. 154 (TD)

• Judge: Pinard, J.
• Court: Federal Court (Canada)
• Case Date: June 27, 1989
• Jurisdiction: Canada (Federal)
• Citations: (1989), 29 F.T.R. 154 (TD)

Huber v. Ship Nadezhda Obukhova (1989), 29 F.T.R. 154 (TD)

MLB headnote and full text

Frederick Huber and Sons Import and BSK Speditionsgesellschaft mbH. (plaintiffs) v. The Ship "Nadezhda Obukhova" and Her Owners: U.S.S.R. Baltic Shipping Co. and Soo Line Railroad Company (defendants)

(T-763-88)

Indexed As: Huber (Frederick) and Sons Import et al. v. Ship Nadezhda Obukhova et al.

Federal Court of Canada

Trial Division

Pinard, J.

July 26, 1989.

Summary:

Two containers of cargo were shipped from Rotterdam in The Netherlands to Milwaukee in the United States. The containers travelled by ship to Montreal; by Canadian Pacific Railroad to Detroit; and then by the Soo Line Railroad to Milwaukee from Detroit. The cargo was damaged and the owners sued the ship, the shipowners and the Soo Line. The Soo Line filed a conditional appearance and then applied to have the action against it dismissed because of lack of jurisdiction by the Federal Court of Canada. The Soo Line based its submission on the grounds that it had no involvement with the carriage by ship aspect of the journey and that it was not a party to a bill of lading involving the carriage of goods by ship. The plaintiffs and the other defendants claimed that the Federal Court had jurisdiction because the action was primarily a matter of maritime law which fell within federal jurisdiction.

The Federal Court of Canada, Trial Division, dismissed the application.

Admiralty - Topic 3081

Jurisdiction - Carriage by ship and railroad - General - Container cargo was shipped from Rotterdam to Milwaukee - The cargo was carried by rail between Montreal and Milwaukee - The cargo was damaged and the owners sued the ship and its owners, as well as the rail carrier between Detroit and Milwaukee - The rail carrier applied for a dismissal of the action against it on the ground that the Federal Court of Canada, Trial Division, lacked jurisdiction - The railroad submitted that it was not involved in any carriage of goods by ship and that it was not a party to any bill of lading covering carriage of goods by ship - The Federal Court of Canada, Trial Division, dismissed the application.

Courts - Topic 4026

Federal Court of Canada - Jurisdiction - Trial Division - Maritime and admiralty matters - [See Admiralty - Topic 3081 above].

Practice - Topic 866

Parties - Striking of parties - Lack of jurisdiction - [See Admiralty - Topic 3081 above].

Cases Noticed:

Miida Electronics Inc. v. Matsui O.S.K. Lines Ltd. and ITO-International Terminal Operators Ltd., [1986] 1 S.C.R. 752; 68 N.R. 241, refd to. [para. 5].

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

Counsel:

Laurent Fortier, for the plaintiffs;

Peter G. Pamel, for the defendant, U.S.S.R. Baltic Shipping Co.;

Marie Michelle Lavigne, for the defendant, Soo Line Railroad Company.

Solicitors of Record:

Stikeman, Elliot, Montreal, Quebec, for the plaintiffs;

McMaster Meighen, Montreal, Quebec, for the defendant, U.S.S.R. Baltic Shipping Co.;

Bélanger Sauvé, Montreal, Quebec, for the defendant, Soo Line Railroad Company.

This case was heard on June 27, 1989, in Montreal, Quebec, before Pinard, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on July 26, 1989.