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The Robert Simpson Montreal Limited (Plaintiff) v.
Hamburg-Amerika Linie Norddeutscher, Lloyd Ernst Russ, and Montreal Shipping Company Limited (Defendants)
Court of Appeal, Jackett C.J., Thurlow J. and Hyde D.J—Montreal, December 17, 1973.
Maritime law—Jurisdiction—Parties—Action against ship for loss of cargo—Ship claiming indemnity from wharfin- ger—Jurisdiction—Federal Court Act, s. 22—The British North America Act, 1867, s. 91(10).
Plaintiff brought action against a carrier and shipowner alleging that upon the ship's arrival in Montreal, plaintiff's cargo was found in a short and damaged condition. The carrier and shipowner denied liability and alleged that the damage occurred after the cargo was discharged into the custody of terminal operators, and by third party notices claimed indemnity from them.
Held, reversing Walsh J. ([1973] F.C. 304), the appeal is allowed and the application to dismiss the Third Party proceedings is dismissed. The operation of removing goods from a ship after completion of the ocean voyage and delivering them to the consignee, either immediately or after a delay, whether carried out by the carrier or by someone else under arrangement with the carrier are activities essen tial to the carriage of goods by sea.
Per Jackett C.J. and Hyde DI: The performance of such acts as are essential parts of "transportation by ship" fall within the words "navigation and shipping" in section 91(10) of The British North America Act, 1867. The Trial Division has jurisdiction in the matter by virtue of it coming within the class of subject of "navigation and shipping" in section 22(1) of the Federal Court Act without it being necessary to consider whether any of the other branches of section 21(1) apply.
Re Industrial Relations and Disputes Investigation Act [1955] S.C.R. 529, followed; Consolidated Distilleries Ltd. v. Consolidated Exporters Corp. Ltd. [1930] S.C.R. 531; Consolidated Distilleries Ltd. v. The King [1933] A.C. 508, applied.
Per Thurlow J.: There is nothing in section 22(2) which decreases the scope or extent of the jurisdiction which the expressions used in section 22(1) would embrace but it is necessary to read with it the definitions of "Canadian mari time law" and "laws of Canada" in section 2 of the Act. The "Canadian maritime law" which the Trial Division is given authority to administer by section 22(1) means the whole of the law which the Exchequer Court would have adminis tered if it had had on its Admiralty side "unlimited jurisdic-
tion in relation to maritime and admiralty matters". The words "as that law has been altered by this or any other Act of the Parliament of Canada" do not limit the generality of what precedes them.
Held also (per curiam): reversing Walsh J., the statement of claim should not be interpreted as limiting the action to so much of damages, if any, to the goods that occurred during the voyage.
APPEAL. COUNSEL:
Vincent Prager for The Robert Simpson Montreal Ltd.
Edouard Baudry for Hamburg-Amerika Linie Norddeutscher and Lloyd Ernst Russ.
David Marler for Montreal Shipping Co. Ltd.
SOLICITORS:
Stikeman, Elliott, Tamaki, Mercier and Robb, Montreal, for The Robert Simpson Montreal Ltd.
Brisset, Reycraft, Bishop and Davidson, Montreal, for Hamburg-Amerika Linie Nord- deutscher and Lloyd Ernst Russ.
Chauvin, Marler, Dion and Saucier, Mont- real, for Montreal Shipping Co. Ltd.
JACKETT C.J. (orally)—This is an appeal from an order dismissing Third Party Notices issued by two of the defendants in an action com menced by Writ of Summons under the Admi ralty Rules on March 1, 1971, for "Shortage to Cargo".
The style of cause on the Writ of Summons describes the defendants, "Hamburg-Amerika Linie Norddeutscher" and "Lloyd Ernst Russ", as "at all material times the owners and/or oper ators and in any event the parties interested in the ship `Buchenstein'. "
As nearly as can be determined from the Statement of Claim, which was filed February 19, 1973, the action was for damages in the sum of $815.75 resulting (although this is nowhere
expressly said) from delivery of goods which had been shipped by the ship "Buchenstein" from Belgium to Canada in "short, damaged and deteriorated condition". There is an allegation in the Statement of Claim that the plaintiff was "holder" of a Bill of Lading under which the goods were received upon board the "Buchen- stein" but there is no allegation in it as to the parties to the Bill of Lading. (It may be that one is expected to imply that Hamburg-Amerika Linie Norddeutscher or Lloyd Ernst Russ, or both, is or were the carriers on whose behalf the Bill of Lading was issued.')
On February 20, 1973, a Statement of Defence was filed on behalf of Hamburg- Amerika Linie Norddeutscher and Lloyd Ernst Russ, which casts no light upon the relationship of either defendant to the shipment in question. That statement refers inter alia to the Bill of Lading that is "referred to" in the Statement of Claim and in particular to a clause therein "relating to non-responsibility of loss and/or damage occurring after discharge" and alleges that the shipment was discharged and placed into the Harbour transit shed ... "in the same condition and order as when placed on board the vessel ... at Antwerp".
On the same day as that Statement of Defence was filed, Third Party Notices were directed on behalf of the same two defendants to Eastern Canada Stevedoring Division of War- nock Hersey International Ltd. and Montreal Shipping Company Limited. Each of these notices states that the action was brought against such defendants relating to the alleged loss and damage from a shipment carried on the aforesaid vessel "which shipment has been alleged was delivered in a short, damaged and deteriorated condition when plaintiff presented itself for delivery of same at the Harbour Trans it shed ...". Each of the Third Party Notices states that the two defendants in question claim to be indemnified by the Third Parties "as the said shipment was discharged from the vessel ... by you and placed in the Harbour transit shed ... where the loss and/or damage
of the shipment occurred while it was in your possession ... as terminal operators and alleges that "At the material time" you per formed a joint venture as terminal operators .. . and by agreement with these Defendants, you were in charge of all cargo ..., for reward, and assumed responsibility for the providing of shed facilities, receiving, delivering, watching, sorting of the cargo and of insuring against loss."
A motion was thereupon made to the Trial Division, upon behalf of the Third Parties, that the Third Party Notices be dismissed on grounds which are stated in the Notice of Motion as follows:
WHEREAS the main action herein is in payment of a sum of $815.75 representing allegedly the value of goods lost or damaged after being received by Defendants herein for carriage on board the vessel "BUCHENSTEIN" from Antwerp, Belgium, to Montreal, P.Q.
WHEREAS Defendants herein have caused to be served on Third Party Defendants Third Party Notices alleging that should Defendants fail in their defence to the action they claim to be indemnified by Third Party Defendants on the ground that the alleged shortage and/or damage occurred following discharge of the cargo at Montreal, "while it was in your possession, care, custody and control as terminal operators".
WHEREAS this Honourable Court does not have jurisdic tion over such a claim in indemnity as appears from the Federal Court Act.
That motion was granted by judgment of the Trial Division dated March 26, 1973.
This appeal is from the judgment of the Trial Division dismissing the Third Party proceedings.
While the Notice of Motion indicated that the motion to dismiss was to be based on the ground that the Trial Division did not have jurisdiction, the learned trial judge, in addition to holding that the Court had no jurisdiction in the matter, appears to have based his judgment on the ground that the plaintiff's claim was restricted, by the Statement of Claim, to a loss that occurred before the goods were discharged and that any claim over against the Third Parties for indemnity in respect of such a loss must fail. Apart from any question as to whether this
ground was open to him having regard to the wording of the Notice of Motion, I am of the view that the Statement of Claim must be read as disclosing a cause of action for damages for failure to deliver in good order the goods that were the subject matter of the Bill of Lading, and I am not satisfied that the Statement of Claim is worded so as to confine the action to so much of such damages, if any, as may have resulted from loss of, or damage to, the goods that occurred during the voyage. If the State ment of Claim is, as I conceive that it is, open to the interpretation that the plaintiff is claiming for any damages for failure to deliver the ship ment in good order even though such failure resulted from loss or damage arising while the goods were in the hands of the Third Parties, this was not a valid ground for dismissing the Third Party Notices.
The jurisdictional question raised by this appeal depends upon the effect of certain of the jurisdictional provisions in the Federal Court Act. In this connection, reference may be made to the following provisions of that Act:
2. In this Act
(b) "Canadian maritime law" means the law that was administered by the Exchequer Court of Canada on its Admiralty side by virtue of the Admiralty Act or any other statute, or that would have been so administered if that Court had had, on its Admiralty side, unlimited jurisdiction in relation to maritime and admiralty matters, as that law has been altered by this or any other Act of the Parliament of Canada;
(j) "laws of Canada" has the same meaning as those words have in section 101 of The British North America Act, 1867;
22. (1) The Trial Division has concurrent original jurisdic tion as well between subject and subject as otherwise, in all cases in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law or any other law of Canada relating to any matter coming within the class of subject of navigation and shipping, except to the extent that jurisdiction has been otherwise specially assigned.'
42. Canadian maritime law as it was immediately before the coming into force of this Act continues subject to such changes therein as may be made by this or any other Act.
In the first instance, these provisions require some examination to establish the overall scheme of the legislation in this connection. By virtue of section 22(1), the Trial Division has jurisdiction in a case in which a claim for relief is made or a remedy is sought under or by virtue of
(a) Canadian maritime law, or
(b) any other law of Canada coming within the class of subject of navigation and shipping,
except to the extent that jurisdiction has been otherwise specially assigned.
Canadian maritime law breaks into two head ings (section 2(b)), viz:
(a) the law that was administered by the Ex chequer Court of Canada on its Admiralty side by virtue of the Admiralty Act or any other statute, and
(b) the law that would have been administered by the Exchequer Court on its Admiralty side if the Court had had "unlimited jurisdiction in relation to maritime and admiralty matters" . 3
The words "law of Canada relating to any matter coming within the class of subject of navigation and shipping" would certainly extend to any statute enacted by the Parliament of Canada under the powers vested in it by section 91(10) of The British North America Act, 1867. 4 Moreover, the expression "laws of Cana- da" in this context has the same meaning (sec- tion 2(j) of the Federal Court Act) as in section 101 of The British North America Act, 1867, 5 and those words in that section would seem to embrace not only a statute actually enacted by the Parliament of Canada but also a law "that it would be competent for the Parliament of Canada to enact, modify or amend." (Compare Consolidated Distilleries Ltd. v. Consolidated Exporters Corp. Ltd. [1930] S.C.R. 531 6 per Anglin C.J.C. (giving the judgment of the majority of the Court) at page 535.) Indeed, it would seem to be the opinion expressed by the Judicial Committee (as an essential part of the reasoning by which it reached the conclusion that the Exchequer Court had jurisdiction in the
subject matter of Consolidated Distilleries Ltd. v. The King [1933] A.C. 508) that Parliament can confer jurisdiction on a section 101 court to entertain "actions and suits in relation to some subject-matter legislation in regard to which is within the legislative competence of the Domin ion". (See Appendix)
To summarize, section 22(1) would seem to confer jurisdiction on the Trial Division
(a) in an action or suit where a claim for relief is made or a remedy is sought under or by virtue of the law that was administered by the Exchequer Court on its Admiralty side by virtue of the Admiralty Act or any other statute,
(b) in an action or suit where a claim for relief is made or a remedy is sought under or by virtue of the law that would have been admin istered by the Exchequer Court on its Admi ralty side if the Court had had "unlimited jurisdiction in relation to maritime and admi ralty matters",
(c) in an action or suit where a claim for relief is made or a remedy is sought under or by virtue of a statute of the Parliament of Canada made in relation to a matter falling within the class of subjects "Navigation and Shipping", and
(d) in an action or suit where a claim for relief is made or a remedy is sought under or by virtue of a law relating to a matter falling within the class of subject "Navigation and Shipping" that it would be "competent for the Parliament of Canada to enact, modify or amend" or in an action or suit in relation to some subject matter legislation in regard to which is within the legislative competence of the Canadian Parliament because that subject matter falls within the class "Navigation and Shipping".
In the light of this analysis, it becomes rele vant to examine the nature of the Third Party proceedings that have been, in effect, quashed by the judgment that is the subject of this appeal. In effect, the cause of action relied on is a breach of a contract whereby the Third Parties agreed to receive at the port of destination from
an ocean carrier goods being carried under ocean bills of lading and to hold them safely for delivery to the consignees in accordance with a practice whereby the consignees receive deliv ery of such goods in harbour transit sheds rather than directly from the ship. In other words, instead of making delivery directly to consignees from the ship, the ocean carrier car ries out his obligation to deliver goods to con- signees at the port of destination by arranging with an independent contractor to take the goods from the ship and hold them in a transit shed for delivery to consignees.
In my opinion, the operation of removing goods from a ship after completion of the ocean voyage and delivering them to the consignee, either immediately or after holding them during an incidental delay, whether carried out by the carrier or by someone else under an arrange ment with the carrier, is "part and parcel of the activities essential to the carriage of goods by sea" 7 and "the performance of such acts as are essential parts of `transportation by ship' fall within the words `Navigation and Shipping' in section 91(10)."$ It follows that the laws upon which the defendants as carriers base them selves in their claim to be indemnified in respect of a breach by the Third Parties of their con tractual duty to care for and deliver goods in good order to consignees are laws that it would be "competent for the Parliament of Canada to enact, modify or amend" and it also follows that the subject matter of the Third Party proceed ings is one "legislation in regard to which is within the legislative competence of the Domin ion" because the subject matter falls within the class "Navigation and Shipping". That being so, the Third Party proceedings are proceedings "in which a claim for relief is made or a remedy is sought under or by virtue of ... [a] law of Canada relating to any matter coming within the class of subject of navigation and shipping" within the meaning of those words in section 22(1) and the Trial Division therefore has juris diction in the matter by virtue of that provision.9
For the above reasons, I am of opinion that the appeal should be allowed with costs, the judgment of the Trial Division should be set aside and the application to dismiss the Third Party proceedings should be dismissed with costs.
APPENDIX
While one view is that the decision on juris diction in Consolidated Distilleries Ltd. v. The King [1933] A.C. 508 is merely a decision implying a limitation on the ambit of jurisdiction conferred on the Exchequer Court of Canada by section 30(d) of the Exchequer Court Act, in my view, the Judicial Committee had to adopt a position as to the meaning of the words "laws of Canada" in section 101 of The British North America Act as an essential step in reaching its conclusion that the Court had jurisdiction in that case.
In Consolidated Distilleries Ltd. v. The King there was an attack on a judgment, given in the first instance by the Exchequer Court of Canada, in favour of the Crown on a bond executed in favour of the Crown pursuant to a revenue law enacted by the Parliament of Canada. One of the attacks on the judgment was based on the contention that the Exchequer Court had no jurisdiction in the matter.
With reference to that attack, after referring to the relevant provisions of The British North America Act and, particularly, to section 101, which provided that "The Parliament of Canada may, notwithstanding anything in this Act, .. . provide for the ... establishment of any addi tional courts for the better administration of the laws of Canada", Lord Russell said, at page 520, that it was rightly conceded by the appel lants that the Parliament of Canada could, in exercising the power conferred by section 101, properly confer upon the Exchequer Court jurisdiction to hear and determine actions to enforce the liability on bonds executed in favour of the Crown in pursuance of a revenue law enacted by the Parliament of Canada, and said that the point as to jurisdiction accordingly resolved itself into the question whether the Exchequer Court Act purported to confer the
necessary jurisdiction. Lord Russell then reviewed section 30 of that Act. He put aside section 30(a) which gave the Court jurisdiction "in all cases relating to the revenue in which it is sought to enforce any law of Canada" saying that, while the actions were no doubt "cases relating to the revenue", it might be said "that no law of Canada is sought to be enforced in them". With reference to section 30(d), he had to deal with the argument that, if that provision were read "literally, and without any limita tion", it would entitle the Crown to sue in the Exchequer Court "in respect of any cause of action whatever", and "that such a provision would be ultra vires the Parliament of Canada as one not covered by the power conferred by section 101." (The italics are mine.) Lord Rus- sell seemed to accept that contention because he said their Lordships did not think that sec tion 30(d) could be read as free from limitations. He said that section 30(d) must be confined "to actions and suits in relation to some subject- matter legislation in regard to which is within the legislative competence of the Dominion" and that "So read, that sub-section could not be said to be ultra vires." (The italics are mine.)
As I understand the decision in that case, it is a decision that section 30(d) in its context had to be read subject to a certain limitation and that, while it would have been ultra vires if free of any such limitation, in which event, the Court would not have had jurisdiction in the case, when read subject to that limitation, it was a valid exercise of the powers conferred by sec tion 101 with the result that the Court did have such jurisdiction. To that extent at least it is a decision as to the ambit of section 101.
The interesting point is with reference to the way in which Lord Russell framed the implied limitation on section 30(d). If he had said that section 30(d) must be confined to actions and suits for the administration of some statute of the Parliament of Canada (or, alternatively to actions or suits for the administration of some
such statute or some law that it would have been competent for Parliament to enact), he would, as it seems to me, have been giving a narrower scope to section 30(d) than when he said that it must be confined "to actions or suits in relation to some subject-matter legislation in regard to which is within the legislative compe tence of the Dominion".
Probably Lord Russell had in mind the dictum of Anglin C.J.C., speaking for the majority of the Supreme Court of Canada in Consolidated Distilleries Ltd. v. Consolidated Exporters Corp. Ltd. [1930] S.C.R. 531 at page 535 where he indicated that to be a "law of Canada" within the sense of section 101 a law must be one "that it would be competent for the Parliament of Canada to enact, modify or amend". These words would seem to encompass
(a) an Act of Parliament,
(b) a pre-Confederation statute in relation to a section 91 matter,
(c) common law introduced into Canada from England in so far as it is subject "to be repealed, abolished or altered" by Parliament (compare section 129 of The British North America Act, 1867), and
(d) general laws of a province in so far as they operate in an area in relation to which Parlia ment can make laws. (Compare The Queen v. Murray [1965] 2 Ex.C.R. 663; [1967] S.C.R. 262.)
Lord Russell's test and the test enunciated by Anglin C.J.C. would seem to come to the same thing.
* * *
THURLOW J. (orally)—The principal question raised in this appeal is whether the Trial Divi sion of this Court has jurisdiction to entertain a claim by an ocean carrier against terminal oper ators for indemnity in respect of a loss of or damage to cargo occurring in the course of performance by the terminal operators, on behalf of the carrier, of the carrier's obligations, under the contract of carriage, to discharge, care for and deliver the cargo.
The authority of Parliament to confer such jurisdiction on the Court in the exercise of its power to legislate in relation to navigation and shipping was not, as I understood the respond ent's position, contested; what was in issue was whether the relevant provisions of the Federal Court Act are broad enough to confer the juris diction in question.
Section 22(1) of the Act provides:
22. (1) The Trial Division has concurrent original jurisdic tion as well between subject and subject as otherwise, in all cases in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law or any other law of Canada relating to any matter coming within the class of subject of navigation and shipping, except to the extent that jurisdiction has been otherwise specially assigned.
There is no question of the jurisdiction in ques tion having been otherwise specially assigned and in my opinion there is nothing in section 22(2) which can have the effect of decreasing the scope or extent of the jurisdiction which the expressions used in section 22(1) would embrace. It is necessary, however, to read with section 22(1) the definitions of "Canadian mari time law" and "laws of Canada" contained in section 2(b) and 2(j) respectively. They read as follows:
2...
(b) "Canadian maritime law" means the law that was administered by the Exchequer Court of Canada on its Admiralty side by virtue of the Admiralty Act or any other statute, or that would have been so administered if that Court had had, on its Admiralty side, unlimited jurisdiction in relation to maritime and admiralty matters, as that law has been altered by this or any other Act of the Parliament of Canada.
(j) "laws of Canda" has the same meaning as those words have in section 101 of The British North America Act, 1867;
The language of section 2(b) is new and the second portion of the definition therein is, so far as I am aware, entirely new. There is therefore, in my opinion, no justification for looking at the several paragraphs of section 22(2) and after comparing them with corresponding or similar provisions of the former Admiralty Act reaching the conclusion that it was not intended to expand the jurisdiction beyond what is specifi-
cally set out in section 22(2) and that the Court therefore does not have jurisdiction in a case of this kind. That, however, seems to me to be the approach to the question adopted by the respondents and it appears to me to be contrary both to the express wording of section 22(2), i.e. "Without restricting the generality of subsection (1)" and to the principle that in construing a statute it is necessary to look first to the natural meaning of the words used in it and that it is only in cases where the meaning is doubtful or where it appears that words have not been used in their ordinary sense that resort may be had to other devices for interpreting the statute. It is apparent from reading the several provisions of the Federal Court Act dealing with the Court's jurisdiction that the Act was not intended to be any mere restatement of the existing jurisdiction of the Exchequer Court. There are many respects in which that jurisdiction has been altered and expanded and it cannot be presumed that any particular provision or group of provi sions was intended to mean the same as some similar or corresponding provision of the earlier statutes. In this situation the language of Lord Herschel] in Bank of England v. Vagliano Brothers [1891] A.C. 107, though used in rela tion to a codifying statute relating to bills of exchange appears to me to be applicable.
Lord Herschell said [at page 1441: 1
My Lords, with sincere respect for the learned Judges who have taken this view, I cannot bring myself to think that this is the proper way to deal with such a statute as the Bills of Exchange Act, which was intended to be a code of the law relating to negotiable instruments. I think the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming that it was probably intended to leave it unaltered, to see if the words of the enactment will bear an interpretation in conformity with this view.
Reading the definition of section 2(b) and without presuming in advance anything as to what was intended it appears to me to be per fectly plain that the Canadian maritime law which the Trial Division is given authority to administer by section 22(1) means the whole of
the law which the Exchequer Court would have administered if it had had on its Admiralty side "unlimited jurisdiction in relation to maritime and admiralty matters". I do not read the words "as that law has been altered by this or any other Act of the Parliament of Canada" as limit ing the generality of what precedes them.
It seems to me, moreover, that if the Excheq uer Court had had on its Admiralty side unlimit ed jurisdiction in relation to maritime matters it would plainly have had jurisdiction to adminis ter the law which governed the rights inter se of ocean carriers and terminal operators in respect of the performance by terminal operators on behalf of the ocean carriers of the obligations of the ocean carriers to discharge, care for and deliver cargo to the persons entitled thereto. That seems to me to be as maritime a matter as is the contract for the carriage of the cargo by sea. The arrangements between these parties are for the performance of a part of that contract and the activities which the terminal operators carry out under them are "part and parcel of the activities essential to the carriage of goods by sea". (Re Industrial Relations and Disputes Investigation Act [1955] S.C.R. 529 per Locke J. at page 578.)
In my opinion therefore the claim asserted by the defendants against the third parties in the present proceedings was within the jurisdiction of the Court. I should add, however, that were I not of the opinion that the claim of the carriers was one for relief under or by virtue of Canadi- an maritime law as defined by section 2(b) I would have agreed with the reasons of the Chief Justice for concluding that the claim fell within the jurisdiction as being a claim for relief under "any other law of Canada relating to any matter coming within the class of subject of navigation and shipping" within the meaning of section 22(1).
On the other point argued, that with respect to the limitation of the plaintiff's claim by his
statement of claim to damage caused to the cargo - before the terminal operators' activities in relation thereto began I agree with the reasons and the conclusion of the Chief Justice.
I would allow the appeal and dispose of the matter as proposed by the Chief Justice.
* * *
HYDE D.J. (orally)—I agree with the Chief Justice that the activities of the employees of the third-party respondents within the limits he indicates are "intimately connected with" (to use the words of Kerwin C.J. in the Industrial Relations and Disputes Investigation Act refer ence ([1955] S.C.R. 529, at page 535) the car riage of the goods in question by sea and not "remote stages". This being so and following his more extensive reasoning, the subject matter falls within the class "Navigation and Shipping" (section 91, head 10) and within the jurisdiction of the Trial Division.
I likewise agree that the respondents cannot rely on the limitation of the pleadings accepted by the Trial Judge as one of his reasons for dismissing the third-party proceedings against them.
The appeal should accordingly be maintained and the motion dismissed with costs in favour of the defendant-appellants but without costs as far as the plaintiff is concerned.
JACKETT C.J.:
' The Statement of Claim says that the "Defendants" are liable to the plaintiff "in breach of contract" and "in delict and in tort" for the plaintiff's damages. We are left to imagine what the real character of the case against the first two defendants is. There is not even a hint at what the case against the defendant Montreal Shipping Company Limited is. Such pleading would seem to be vulnerable to attack. Even if the Statement of Claim discloses a cause of action against one of the defendants, which is not evident on a first reading, it is at least arguable that it is "vexatious" within the sense of that word in Rule 419(1). One apparent error which might be mentioned, although it is only of minor importance in my present appreciation of the Statement of Claim, is that the Style of Cause is not an acceptable place
in which to hide away an allegation of material fact that should be in the Statement of Claim (Rule 408(12)). My examination of the pleadings in this action also causes me to make the comment (which is not in any way pertinent to this appeal) that, as far as I know, the Style of Cause is a title or means of identifying an action. In my view, in the ordinary case, every document filed should bear the Style of Cause of the initiating document (even though there has been a change of parties) for otherwise the Style of Cause does not serve its principal purpose of identifying the action. If, in a particular case, it is thought that having a ready means in the Style of Cause for ascertaining all the parties to the action outweighs the advantage of having an action identified throughout by the same Style of Cause, an application should be made to the Court for an order changing the Style of Cause. As far as I know, an order of the Court is required to authorize the Registry to accept for filing in respect of a particular action a document bearing a Style of Cause other than that of the document by which that action was initiated. If, as a matter of accommodating a party, a document with some other Style of Cause, or no Style of Cause, is accepted for filing, the Registry should, in my view, attach on the front of the document, or endorse on the front page, a certificate that, at the request of the party or solicitor by whom the document was filed, the document was accepted for filing in the action even though the document did not bear such Style of Cause.
2 On this appeal, the appellant does not rely on any of the heads of section 22(2). The Court is not, therefore, required, on this appeal, to form any opinion as to the correctness of the decision of the Trial Division that the Court has no jurisdiction in the matter by virtue of that provision.
3 Both headings are subject, of course, to any alteration in the law that has been made by the Federal Court Act or any other Act of the Parliament of Canada. See concluding words of section 2(b).
4 That provision reads as follows:
91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Com mons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for Greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,-
10. Navigation and Shipping.
That provision reads as follows:
101. The Parliament of Canada may, notwithstanding anything in this Act, from Time to Time provide for the
Constitution, Maintenance, and Organization of a General Court of Appeal for Canada, and for the Establishment of any additional Courts for the better Administration of the Laws of Canada.
6 Referred to in The Queen v. J. B. & Sons Co. Ltd. [1970] S.C.R. 220, per Pigeon J. at pages 232-33.
7 Re Industrial Relations and Disputes Investigation Act [1955] S.C.R. 529, per Locke J. at page 578.
Idem per Cartwright J. at page 583. It is to be noted that the activities of Eastern Canada Stevedoring that were held to be within the jurisdiction of Parliament in the 1955 case embraced the same type of activities as those with which we are concerned here. For a description of them, see per Kerwin, C.J.C. at page 531:
The Company's business in Toronto consists in render ing the following services. The Company on notification of the pending arrival of ships makes such preparations as are necessary for unloading and loading such ships, including the taking on of necessary employees. It also receives delivery of cargo from the tailboards of trucks or from railway car doors and holds it in its sheds for loading. With respect to unloading, when the ship has arrived, and been secured by its crew alongside the Com- pany's sheds, the Company opens the hatches (if this is not done by the crew) and removes the cargo from the hold to the dock and there delivers it to consignees at the tailboards of trucks or at railway car doors or places the cargo in the Company's sheds. The cargo placed in the sheds is immediately, or during the next few days, deliv ered by the Company as required to the tailboards of trucks or to railway car doors. In these operations the Company uses the ship's winches and booms for raising and lowering the slings; it furnishes pallets necessary for lifting and piling the cargo and machines for towing and lifting cargo on the dock and in the sheds; and in cases of cargo too heavy for the ship's winches and booms it uses land cranes obtained by it. With respect to loading, the operations are substantially similar except that they are reversed, the last act of loading being the securing of the hatch covers if this is not done by the crew of the ship.
9 Having reached that conclusion, it is unnecessary to consider whether any of the other branches of section 22(1) apply in the circumstances.
THURLOW J .:
' See also S & S Industries Ltd. v. Rowell [1966] S.C.R. 419 per Martland J. at page 425 and Wilkinson Sword (Canada) Ltd. v. Juda [1968] 2 Ex.C.R. 137 per Jackett P. at page 161.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.