A-176-81
Burrard-Yarrows Corporation (Appellant)
v.
The Ship Hoegh Merchant, Leig Hoegh & Co.
A/S (Respondents)
Court of Appeal, Pratte, Urie JJ. and Verchere
D.J.—Vancouver, September 30, 1982.
Maritime law — Appeal from decision of Trial Division
staying action on ground parties agreed to submit dispute to
foreign jurisdiction Appeal dismissed — Decision of Trial
Division discretionary in nature and should not be upset unless
arrived at on wrong basis or plainly wrong.
COUNSEL:
D. F. McEwen for appellant.
Wm. Perrett for respondents.
SOLICITORS:
Ray, Wolfe, Connell, Lightbody & Reynolds,
Vancouver, for appellant.
Campney & Murphy, Vancouver, for
respondents.
The following are the reasons for judgment of
the Court delivered orally in English by
PRATTE J.: We do not need to hear you, Mr.
Perrett.
The appeal is directed against a decision of the
Trial Division [[1982] 1 F.C. 248] staying the
action on the ground that the parties have agreed
to submit their dispute to a foreign jurisdiction. A
decision of that kind is discretionary and, there
fore, should not be upset by a Court of Appeal
unless it was arrived at on a wrong basis or was
plainly wrong. Mr. McEwen's able argument has
not convinced us that the decision under attack is
vitiated by either of these faults.
The appeal will therefore be dismissed with
costs.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.