Matsuura Machiner Corp. v. Heidelberg Express ( The )
T-2260-94
Pinard J.
5/3/96
8 pp.
Application for order dismissing plaintiffs' cargo claim action for want of jurisdiction as directed against Melburn Truck Lines Ltd. and for order striking notice to co- defendant filed by defendant Nippon Yusan Kaisha Line for lack of jurisdiction-Plaintiffs claiming breach of contract and negligence-Melburn Truck Lines Ltd. contesting jurisdiction of Court over subject-matter of claim and of notice filed against it on ground issue in each case arises strictly from carriage of goods by truck, not matter governed by Canadian Maritime Law-Federal Court Act, s. 22(1), (2)(f) not giving Court jurisdiction over land carrier such as Melburn Truck Lines Ltd. which is not party to agreement relating to carriage of goods on ship, under through bill of lading or otherwise-Transportation by land not integrally connected to maritime matters as to be legitimate Canadian maritime law within federal legislative competence-No underlying federal law supporting claims made against defendant Melburn Truck Lines Ltd., as required for jurisdiction under Act, s. 23-Applications granted-Federal Court Act, R.S.C., 1985, c. F-7, ss. 22, 23.