Z.I. Pompey Industries v. Canmar Fortune ( The )
T-98-98
Hargrave P.
22/9/99
10 pp.
Jurisdiction clause-Motion for stay of claim for damage to cargo carried from Antwerp, Belgium to Seattle, Washington-Stay sought in favour of litigation in Antwerp, based on clause of port-to-port bill of lading on ECU-Line form-Motion denied-Many factors favouring upholding jurisdiction clause-Factors in favour of litigation in Vancouver just short of case plaintiffs must present to override jurisdiction clause-However fundamental breach or deviation precluding ECU-Line from relying on terms and conditions of bill of lading-Whereas plaintiffs had insisted on carriage by sea from Antwerp to Seattle, as photo-processing equipment very susceptible to bumps and jolts, therefore too delicate to travel by rail, carrier arranged for carriage by sea to Montréal and then by rail to Seattle-Here, deviation put in place by ECU-Line clearly voluntary and unreasonable-Carrier therefore losing protection of contract-There being no contract when plaintiffs' cargo discharged at Montréal, no jurisdiction clause upon which ECU-Line can rely-Federal Court Rules, 1990, SOR/98106.