FEDERAL COURT JURISDICTION
Motion to strike statement of claim—Plaintiff’s cargo loaded in Toronto, damaged in Belgium, en route to Ghana—Test to ascertain Court’s jurisdiction in ITO—International Terminal Operators Ltd. v. Miida Electronics et al., [1986] 1 S.C.R. 752 (ITO) developed to distinguish federal from provincial powers—Not useful where defendant arguing Canada should not have jurisdiction over tort claim more properly heard in Belgium—Factors persuading Court in ITO not addressing Canadian versus foreign jurisdiction—ITO focused on whether case about “maritime” law, thus within federal competency, Federal Court jurisdiction—Transfer of container while in transit from Canada to Ghana “integrally connected” to maritime matters, Canada—Not plain, obvious Court not having jurisdiction over claim—Motion dismissed.
Addo v. OT Africa Line (T‑1849‑05, 2006 FC 1099, Teitelbaum J., order dated 15/9/06, 20 pp.)