Holt Cargo Inc. v. ABC Containerline N.V. ( Trustee of )
A-307-97
Noël J.A.
12/3/99
7 pp.
Appeal from F.C.T.D. decision ([1997] 3 F.C. 187) enforcing maritime lien on ship Brussel arrested by respondent in Canadian waters-Appellants argue duty to act in comity and doctrine of forum non conveniens compelled Trial Judge (T.J.) to stay matter to allow Belgian Commercial Court to dispose of respondent's claim in context of bankruptcy proceedings initiated under Belgian law against owners of ship Brussel-Appeal dismissed-T.J. did not err in law in denying stay and exercising discretion to enforce respondent's lien-Comity recognition nations allow within their territory to legislative, executive or judicial acts of other nations, having due regard both to international duty and convenience, and to rights of own citizens or other persons under protection of its laws: Amchem Products Inc. v. British Columbia (Workers' Compensation Board), [1993] 1 S.C.R. 897-Although F.C. jurisdiction advantageous for respondent, not matter of forum shopping-Arrest took place in Canadian waters before bankruptcy proceedings initiated-Real and substantial connection with Canadian maritime law and reasonable expectation rights arising thereunder would be enforced-T.J. had no basis upon which to evaluate impact of decision-T.J. did not err in law in referring to peaceful co-existence between Canadian Superior Courts exercising bankruptcy jurisdiction and F.C. exercising jurisdiction in admiralty-Appellants herein asked Quebec Superior Court, which did not have jurisdiction in pending maritime law proceedings, to issue order prohibiting another court (F.C.), acting squarely within its jurisdiction, from exercising it-Instead of doing so, appellants should have immediately sought assistance of F.C., only Court with jurisdiction over arrested ship and respondent's in rem claim.