Amirault v. Prince Nova ( The )
T-521-98
MacKay J.
1/5/98
15 pp.
Motion to strike action on ground not within Court's jurisdiction, or for summary judgment on ground pleadings not raising genuine issue for trial-Defendant NFL Holdings Ltd. (NFL) registered owner of ship Prince Nova-C. Mitchell McLean President, C.E.O. of NFL-In 1997 NFL deciding to sell ship-Plaintiffs alleging notwithstanding intentions of parties vessel to be sold to plaintiffs for asking price and subsequently resold to third party buyer, NFL signing firm, irrevocable option to sell directly with third party buyer in October 1997-Alleging wrongful interference with economic relations between plaintiffs and third party buyer; wrongful inducement of third party buyer, NFL Holdings to breach agreements with plaintiffs; loss of anticipated profits from sale of ship-Defendants alleging, other than 30-day option entered into with plaintiffs in May 1997, option agreement with third party buyer, not at any time restricting right to sell ship to purchaser of its choice-Nature of agreement, terms in dispute-Cannot be resolved on basis of pleadings, contradictory affidavits upon which no cross-examination-Although not expressly pleading contract, breach, sufficient plaintiffs pleading agreement, NFL's actions causing loss of anticipated profits-Claim for damages arising out of breach of agreement of sale for ship within Court's maritime jurisdiction pursuant to Federal Court Act, s. 22(2)-In considering preliminary issue questioning jurisdiction of Court, Court assuming allegations concerning claim can be proven at trial, unless clear from evidence presented on preliminary motion no basis to claim-That standard not met here-Alleged agreement clearly disputed-Issue awaiting determination by trial judge-Claim of interest in proceeds of sale of ship within Court's jurisdiction under s. 22(2)(a)-Court to determine at trial what agreement existed; that determination leading to decision whether cause of action within Court's maritime jurisdiction-Claim against defendant C. Mitchell McLean not within Court's jurisdiction, since claim in tort against private citizen-If claim against NFL found at trial to be agreement for purchase of ship, contravened by NFL's grant of option to purchase exercised by third party purchaser, then within Court's jurisdiction in relation to maritime law-Fundamental principle summary judgment will not issue unless case so without merit not deserving consideration by trier of fact at future trial-Summary judgment will not be granted neither where genuine issue for trial nor if significant issues of difference where credibility or witnesses may be important to determining facts-Genuine issues for trial, particularly nature of agreement between parties in relation to sale of ship-Summary judgment not warranted-Federal Court Act, R.S.C., 1985, c. F-7, s. 22 (as am. by S.C. 1996, c. 31, s. 82).