Maersk Inc. v. Coldmatic Refrigeration of Canada Ltd.
T-1419-93
Rothstein J.
3/3/94
5 pp.
Motion to stay counterclaim -- Action for unpaid freight charges -- Counterclaim asserting only portion of machinery delivered, equipment damaged in transit -- Plaintiff alleging counterclaim should not proceed in Canada -- Bill of lading, clause 27 providing U.S. Court having jurisdiction whenever Carriage of Goods By Sea Act 1936 (COGSA) applies; otherwise bill of lading subject to English law and jurisdiction -- Plaintiff alleging COGSA not applicable, bill of lading subject to English law -- Acknowledging Federal Court's jurisdiction to decide counterclaim, but submitting Court should only interfere with contractual agreement between parties as to jurisdiction where strong reasons shown -- Alleging clause 27 only applies to disputes, and no dispute as to claim for unpaid freight, only counterclaim in dispute -- Motion dismissed -- Where claim filed and defended, there is dispute -- Plaintiff's selection of jurisdiction of Federal Court and defendant's failure to object thereto amended jurisdiction provision of bill of lading -- Also, that no factual connection with England and if counterclaim proceeded in England would be two actions instead of one, strong reasons for Court to assume jurisdiction -- Federal Court Rules, C.R.C., c. 663, R. 446(1)(a).