I Deveau Fisheries Ltd v Cummins Americas Inc - Federal Court (Trial Div)(Dubé J) - 17 June 1996

Admiralty jurisdiction - Subcontractor carrying out reconditioning work to cylinder heads of engine of vessel - All work carried out at subcontractor’s premises - Contractor alleging that work done defectively - Whether claim falls within maritime jurisdiction of Federal Court

The plaintiff brought an action against the defendant alleging negligence or breach of contract in respect of repairs carried out by the defendant to the engines of the vessels Janica II and Sylvialyn II. The defendant brought third party proceedings claiming contribution or indemnity from the third party in respect of work done by the third party on the cylinder head of the engine of the Sylvialyn II. The third party challenged the jurisdiction of the Court on the ground that the work carried out by the third party was not so integrally connected to maritime matters as to be legitimate Canadian maritime law within federal legislative competence.