Oshawa Harbour Commission v. Lakespan Marine Inc. (The Lakespan Ontario) - Fed.Ct. Trial Div. (Jerome A.C.J.) - 9 May 1984

Whether claims within jurisdiction of Trial Division

The issue for determination in this case was whether the Trial Division of the Federal Court had jurisdiction to hear certain claims arising out of an agreement to lease docking facilities and land for use by the vessel Lakespan Ontario for 5 years. The defendants used the docks, lands and facilities leased to them but failed to make payment on some of the plaintiff’s invoices. The defendants argued that some of the outstanding accounts which the plaintiff sought to recover were not within the jurisdiction of the Court, in particular, claims for electrical work, rental of Harbour Commission lands and word processing services.