Antares Shipping Corporation v. The Ship ‘Capricorn’ et al.

Antares Shipping Corporation v. The Ship ‘Capricorn’ et al.

Section 22(2)(a) of the Federal Court Act constitutes existing federal statutory law within the subject of navigation and shipping and embraces claims to title, possession or ownership arising from contracts for sale of a ship; combined with the express power in s.44 to order specific performance, the Federal Court has jurisdiction to entertain the appellant's claim for delivery and specific performance; appeal allowed.

Citation
[1980] 1 SCR 553
Parties
Plaintiff Appellant: Antares Shipping Corporation; Defendant Respondent: The Ship "Capricorn" (also known as the Ship "Alliance"); Defendant Respondent: Portland Shipping Company Inc.; Defendant Respondent: Delmar Shipping Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 December 1979
Procedural Posture
Maritime / Admiralty — Enforcement of Contract for Sale of a Ship / Appeal to the Supreme Court of Canada From the Federal Court of Appeal
Outcome
Appeal allowed; judgment of the Federal Court of Appeal set aside; Federal Court jurisdiction affirmed
Legal Topics
Specific Performance, Jurisdiction, Title and Possession of Ship, Federal Statutory Interpretation, Navigation and Shipping (s.91(10) BNA Act)
Source Language
English
Maritime Law Federal Court Jurisdiction Contract Law Equitable Remedies Specific Performance Jurisdiction Title and Possession of Ship Federal Statutory Interpretation +1 more

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Parties

Antares Shipping Corporation

Plaintiff Appellant

The Ship "Capricorn" (also known as the Ship "Alliance")

Defendant Respondent

Portland Shipping Company Inc.

Defendant Respondent

Delmar Shipping Limited

Defendant Respondent

Procedural Posture

Maritime / Admiralty — Enforcement of Contract for Sale of a Ship / Appeal to the Supreme Court of Canada From the Federal Court of Appeal

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to enforce a contract for the sale of a ship by specific performance
  2. 2 Whether s.22(2)(a) of the Federal Court Act covers claims for title, possession or ownership arising from contracts of sale
  3. 3 Whether existence of an express federal statute or maritime law is required for Federal Court jurisdiction

Ratio Decidendi

Section 22(2)(a) of the Federal Court Act constitutes existing federal statutory law within the subject of navigation and shipping and embraces claims to title, possession or ownership arising from contracts for sale of a ship; combined with the express power in s.44 to order specific performance, the Federal Court has jurisdiction to entertain the appellant's claim for delivery and specific performance; appeal allowed.

Court Disposition

Appeal allowed; judgment of the Federal Court of Appeal set aside; Federal Court jurisdiction affirmed

Orders

  • Appeal allowed
  • Set aside judgment of the Federal Court of Appeal dated February 24, 1978