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Lloyd's Maritime Law Newsletter

Island Fertilizers Ltd. v. The Monk Corporation (The Super Spirit) - Fed. Court of Appeal (Pratte, Hugessen and Desjardins JJ.A.) - 6 July 1989

Jurisdiction - Whether claims within scope of Canadian maritime law

The issue before the court was whether the plaintiff’s action should be characterised as a claim by a seller against a buyer under an agreement for the sale of goods, or as a claim by a shipper against a consignee under a contract of carriage. If the former, the matter fell outside the scope of Canadian maritime law; if the latter, it was within the definition of that term and therefore within the jurisdiction of the Court.

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