Bornstein Seafoods Canada Ltd. v. Steadfast ( The )
T-2059-97
Gibson J.
30/12/97
19 pp.
Admiralty action in rem against vessel Steadfast and in personam-Subject-matter of action not so integrally connected to maritime matters as to be legitimate Canadian maritime law-May well be within federal legislative competence as relating to groundfish quota and entitlement thereto, which in turn relates to federal head of jurisdiction "seacoast and inland fisheries"-However, quota entitlement turns substantially on interpretation of contract between plaintiff, Hutcheon defendants as well as on laws, practices, procedures related to Canada's westcoast groundfish fishery-Since subject-matter of action not within Court jurisdiction as Canadian maritime law or any other law of Canada relating to any matter coming within class of subject of navigation and shipping, in rem action unfounded-Warrant for arrest of Steadfast issued under R. 1003 set aside-Federal Court Rules, C.R.C., c. 663, R. 1003.