Inter Atlantic Canada Ltd. v. Rio Cuyaguateje (The)

Inter Atlantic Canada Ltd. v. Rio Cuyaguateje (The)

The subject matter of the claim is the February 12, 1999 Agreement over commercialization/use of a NAFO shrimp allocation and not a matter integrally connected to maritime law or navigation and shipping; therefore s.22 of the Federal Court Act is not engaged, no in rem jurisdiction under s.43(2) exists against the...

Source-derived case information.

Citation
2001 FCT 306
Parties
Plaintiff/appellant: Inter Atlantic Canada Limited; Defendants/respondents on Appeal: The Owners and All Others Interested in the Ship "Rio Cuyaguateje" and Her Cargo; Respondent (moved to Strike): Dragsea Fishing Company Ltd.; Registered Owner of the Defendant Ship: Pesquera Cuyagua, S.A.; Cuban Government Agency/contracting Party: Dragnets (Dragnet Fishing Company Ltd.)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
9 April 2001
Procedural Posture
In Rem Admiralty Action Arising From Dispute Over Fishing Quota Allocation; Appeal From Prothonotary's Jurisdictional Strike / Appeal to Federal Court (judge) From Prothonotary Morneau's Order
Outcome
Appeal dismissed; Prothonotary Morneau's order striking the Statement of Claim and warrant of arrest and declaring the arrest invalid upheld
Legal Topics
In Rem Jurisdiction, Necessaries, Conversion, Federal Court Act S.22 and S.43, Jurisdictional Strike, Maritime Tort
Source Language
english
Maritime Law Admiralty Jurisdiction Contract Law Civil Procedure Public/international Fisheries Allocation In Rem Jurisdiction Necessaries Conversion +3 more

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Parties

Inter Atlantic Canada Limited

Plaintiff/appellant

The Owners and All Others Interested in the Ship "Rio Cuyaguateje" and Her Cargo

Defendants/respondents on Appeal

Dragsea Fishing Company Ltd.

Respondent (moved to Strike)

Pesquera Cuyagua, S.A.

Registered Owner of the Defendant Ship

Dragnets (Dragnet Fishing Company Ltd.)

Cuban Government Agency/contracting Party

Procedural Posture

In Rem Admiralty Action Arising From Dispute Over Fishing Quota Allocation; Appeal From Prothonotary's Jurisdictional Strike / Appeal to Federal Court (judge) From Prothonotary Morneau's Order

Legal Issues

  1. 1 Whether the plaintiff's claim arises within Canadian maritime law and navigation and shipping jurisdiction under s.22 of the Federal Court Act
  2. 2 Whether the NAFO fishing quota/allocation supplied to a vessel constitutes 'necessaries' or 'goods, materials or services' to a ship under s.22(2)(m)
  3. 3 Whether an in rem action may be maintained against the defendant ship and its cargo under ss.43(2)-(3)

Ratio Decidendi

The subject matter of the claim is the February 12, 1999 Agreement over commercialization/use of a NAFO shrimp allocation and not a matter integrally connected to maritime law or navigation and shipping; therefore s.22 of the Federal Court Act is not engaged, no in rem jurisdiction under s.43(2) exists against the ship or cargo, and the prothonotary correctly struck the Statement of Claim and warrant of arrest for lack of jurisdiction; the appeal is dismissed.

Court Disposition

Appeal dismissed; Prothonotary Morneau's order striking the Statement of Claim and warrant of arrest and declaring the arrest invalid upheld

Orders

  • Prothonotary Morneau's January 18, 2000 order striking the Statement of Claim and striking the warrant of arrest for the defendant ship and cargo and declaring the arrest invalid upheld
  • Appeal dismissed with costs to respondents as the parties may agree or, failing agreement, to be assessed in accordance with Tariff B, Column III of the Federal Court Rules