David F. H. Marler

The appeal concerned whether claims arising from a fertilizer supply agreement involving ocean carriage, demurrage, discharge obligations, excess cargo, and shore crane rental fell within the Federal Court's maritime jurisdiction.

Applying the integrally connected test from the maritime jurisdiction jurisprudence, the majority held that the claims were rooted in the buyer's obligation to discharge cargo under the carriage aspects of the agreement and were therefore legitimate matters of Canadian maritime law.

The majority rejected the characterization of the dispute as merely one for the sale of goods under provincial law.

The appeal was allowed, the cross-appeal dismissed, and the trial judgment restored, with a dissent concluding the matter was in pith and substance a provincial sale of goods dispute.

The respondent stevedore sued the appellant shipping agent for an unpaid stevedoring contract.

The appellant defended on the basis that it acted solely as an agent for an unnamed principal, having signed the contract 'as Managing Operators only'.

The Supreme Court of Canada held that Canadian maritime law, which incorporates common law principles of contract and agency, governed the dispute.

Under these principles, an agent who clearly indicates they are contracting solely as an agent is not personally liable, even if the principal is unnamed.

The appeal was allowed and the action against the agent was dismissed.