Quebec and Ontario Transportation Co. Ltd. v. Ship ‘Incan St. Laurent’ et al., [1980] 2 SCR 242

Supreme Court of Canada

Quebec and Ontario Transportation Co. Ltd. v. Ship ‘Incan St. Laurent’ et al., [1980] 2 S.C.R. 242

Date: 1980-10-29

Quebec and Ontario Transportation Company Limited Appellant;

and

The Ship “Incan St. Laurent” and Incan Ships Limited Respondents.

1980: October 29.

Present: Laskin C.J. and Martland, Ritchie, Dickson, Estey, Mclntyre and Lamer JJ.

ON APPEAL FROM THE FEDERAL COURT OF APPEAL

Courts—Jurisdiction of the Federal Court—Maritime law—Joint venture contract—Relationship between the contract and the obligations created by the “Heads of Agreement” governed by the Civil Code—Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, art. 22.

APPEAL from a judgment of the Federal Court of Appeal[1], dismissing an appeal from a judgment of the Federal Court, Trial Division[2], holding that the Federal Court had no jurisdiction to hear the claim. Appeal dismissed.

Graham Nesbitt and Thomas Davis, for the appellant.

M.S. Bistrisky, for the respondents.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We are all of the opinion that this appeal fails and should be dismissed with costs. Circumstances attending the issues in this case since the judgment of this Court in Quebec North Shore Paper Company et al. v. Canadian Pacific Limited et al.[3], confirm our unanimous view that the judgment of LeDain J. in the Federal Court of Appeal was correct.

Judgment accordingly.

Solicitors for the appellant: Courtois, Clarkson, Parsons & Tétrault, Montreal.

Solicitor for the respondents: M.S. Bistrisky, Toronto.