Date: 19980504

Docket: A-556-94

CORAM:      THE HONOURABLE MR. JUSTICE DENAULT

         THE HONOURABLE MR. JUSTICE DÉCARY

         THE HONOURABLE MR. JUSTICE LÉTOURNEAU

BETWEEN:

         GARFIELD CONTAINER TRANSPORT INC.,

     Appellant

     and

         UNIROYAL GOODRICH CANADA INC.,

     Respondent

     REASONS FOR JUDGMENT

     (Delivered from the Bench at Montreal

     on Thursday, April 30, 1998)

DENAULT, J.A.

[1]      In the circumstances of this case, though the trial judge dismissed the Appellant's claim for unpaid freight charges based on the premise that there was no contractual relationship between the parties, we are all of the view that the Trial Division had no jurisdiction ratione materiae to entertain the matter.

[2]      In a recent judgment, in Matsuura Machine Corp. et al v. Hapag Lloyd AG et al (1997), 211 N.R. 156, the Court found that the carriage of cargo by truck was not governed by Canadian Maritime law in the circumstances of that case and that, accordingly, the Federal Court lacked jurisdiction. The circumstances here are similar.

[3]      Counsel for the Appellant also argues that paragraphs 22(1)f) and i) of the Federal Court Act must be given a broad interpretation so as to include any claim arising out of an agreement relating to the carriage of goods on or en route to a ship. He relies particularly on Pakistan National Shipping Corp. v. Canada et al (1997), 212 N.R. 304¹ where this Court held that the Trial Division had jurisdiction in that case because the claim advanced was integrally connected to a maritime matter in that it was an action in tort in which the cause of action "... did not become crystallized until the loss or damage... occurred ... in the course of the ocean voyage" (p.137).

[4]      The circumstances of this case can be easily distinguished. Here, we are all of the view that the Appellant's action is not integrally connected to a maritime matter as it relates only to unpaid charges claimed by a trucking company for road transportation of goods.

[5]      This appeal will be dismissed with costs.

     J.A.

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¹      Leave to appeal to the Supreme Court of Canada was granted on December 19, 1997.