OT Africa Line Ltd and Others v Magic Sportswear Corporation and Another – Federal Ct of Appeal (Décary, Evans and Sharlow JJA) – 23 August 2006

Conflict of laws – Forum non conveniens – Bill of lading containing exclusive English jurisdiction clause – Shippers bringing proceedings against carriers in Canada under section 46(1) of Canadian Maritime Liability Act 2001 – English courts granting carriers anti-suit injunctions – Carriers seeking stay of Canadian proceedings – Whether Canadian courts deprived by section 46(1) of discretion to grant stay – Whether Canadian courts should give weight to the exclusive jurisdiction clause and English judgments

(2006) 701 LMLN 2