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.