Konteft v. Lower Lakes Towing Ltd.
ANATOLIY KONTEFT
Law Firm / Organization
ROUTE Transport & Trade Law
Lawyer(s)

Anumeet Toor

Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Robin Squires

LOWER LAKES TOWING LTD.
Law Firm / Organization
Shibley Righton LLP
Lawyer(s)

Matthew Urback

Summary: Anatoliy Konteft sued Lower Lakes Towing Ltd. for wrongful dismissal, seeking $250,000 in damages among other compensations. The defendant challenged the Federal Court's jurisdiction, the timeliness of the claim under Ontario's limitations law, and cited a contractual forum selection clause favoring Ontario courts.

Key Points:

  • Jurisdictional Dispute: Lower Lakes argued that the Federal Court lacked jurisdiction, relying on a Supreme Court decision and a forum selection clause.
  • Plaintiff’s Argument: Konteft asserted that his claim fell within federal jurisdiction related to maritime employment and that the three-year limitation period under the Marine Liability Act applied. He challenged the forum selection clause as ambiguous and unfair.
  • Court’s Decision: The court ruled in Konteft's favor, determining that it had jurisdiction under federal maritime law and that the claim was timely filed within the three-year limitation period. It also found the forum selection clause unenforceable due to its ambiguity and the unequal power dynamic during its drafting.

Outcome: The court dismissed the defendant’s motion to stay the action or strike the claim, affirming that the Federal Court had jurisdiction and that the action was filed within the appropriate time frame. The court also rejected the enforcement of the forum selection clause, awarding costs to Konteft. No amount specified.

Federal Court
T-2011-22
Maritime law
Plaintiff
03 October 2022