Alimport (Empresa Cubana Importadora de Alimentos) v. Victoria Transport Ltd.

Alimport (Empresa Cubana Importadora de Alimentos) v. Victoria Transport Ltd.

The declinatory exception raised was ratione personae and thus subject to the mandatory time limit in art.161 C.C.P.; the respondent failed to raise it within that limit and took procedural steps (motion for particulars) that implied submission to jurisdiction; the contractual forum clause amounted to an election of domicile in Montreal; accordingly the Superior Court correctly dismissed the tardy exception and the Court of Appeal’s reversal was set aside.

Citation
[1977] 2 SCR 858
Parties
Appellant (plaintiff): Alimport (Empresa Cubana Importadora de Alimentos); Respondent (defendant): Victoria Transport Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 May 1976
Procedural Posture
Civil Appeal (contract Dispute) / Appeal to the Supreme Court of Canada From the Court of Appeal of Quebec
Outcome
Appeal allowed; judgment of the Court of Appeal set aside; judgment of the Superior Court restored.
Legal Topics
Declinatory Exception, Jurisdiction Ratione Personae, Election of Domicile, Mandatory Procedural Delays, Service Outside Jurisdiction, Security for Costs
Source Language
English
Civil Procedure Private International Law Contract Law Declinatory Exception Jurisdiction Ratione Personae Election of Domicile Mandatory Procedural Delays Service Outside Jurisdiction +1 more

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Parties

Alimport (Empresa Cubana Importadora de Alimentos)

Appellant (plaintiff)

Victoria Transport Ltd.

Respondent (defendant)

Procedural Posture

Civil Appeal (contract Dispute) / Appeal to the Supreme Court of Canada From the Court of Appeal of Quebec

Legal Issues

  1. 1 Whether the declinatory exception raising lack of jurisdiction ratione personae was filed within the mandatory delay under art.161 C.C.P.
  2. 2 Whether lack of jurisdiction ratione materiae can be raised at any time and thus excuse a late declinatory exception
  3. 3 Whether the contractual forum clause constituted an effective election of domicile in Montreal

Ratio Decidendi

The declinatory exception raised was ratione personae and thus subject to the mandatory time limit in art.161 C.C.P.; the respondent failed to raise it within that limit and took procedural steps (motion for particulars) that implied submission to jurisdiction; the contractual forum clause amounted to an election of domicile in Montreal; accordingly the Superior Court correctly dismissed the tardy exception and the Court of Appeal’s reversal was set aside.

Court Disposition

Appeal allowed; judgment of the Court of Appeal set aside; judgment of the Superior Court restored.

Orders

  • Appeal allowed
  • Judgment of the Court of Appeal set aside