Fraser Point Holdings Ltd. v. Vision Marine Technologies Inc.
FRASER POINT HOLDINGS LTD
Law Firm / Organization
Brisset Bishop s.e.n.c.
Lawyer(s)

David G. Colford

VISION MARINE TECHNOLOGIES INC
Law Firm / Organization
De Man Pillet
Lawyer(s)

Isabelle Pillet

- Parties: The plaintiff was Fraser Point Holdings Ltd. The defendant was Vision Marine Technologies Inc.

- Subject Matter: In Fraser Point Holdings Ltd v Vision Marine Technologies Inc, 2022 CanLII 134244, Associate Judge Alexandra Steele issued an order denying the defendant’s motion to strike and concluding that the Federal Court had jurisdiction to hear the plaintiff’s claim for the cost of repairs to a pleasure boat that it purchased from the defendant. The defendant moved to appeal the judge’s order. On appeal, the issue was what impact, if any, the judgment in Desgagnés Transport Inc v Wärtsilä Canada Inc, 2019 SCC 58 had in terms of the Federal Court’s jurisdiction to hear a dispute concerning the purchase of a vessel where the contract was entered into in Quebec. The contract in this case had no governing law clause and no jurisdiction or forum selection clause.

- Ruling: The court ruled in the plaintiff’s favour and dismissed the defendant’s appeal. The court found no reviewable error in the judge’s conclusion that the defendant failed to discharge its burden of showing that it was plain and obvious that this court lacked jurisdiction.

- Date: The hearing was set on Mar. 20, 2023. The court released its decision on May 25, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court’s judge awarded costs in the amount of $1,500 to the plaintiff, considering the judge’s discretion under r. 400 of the Federal Courts Rules, SOR/98-106.

Federal Court
T-1416-20
Maritime law
$ 1,500
Plaintiff
20 November 2020