Oy Nokia and Order XI: Notes on Unstructured Bases of Jurisdiction

In Oy Nokia Ab v. The Ship Martha Russ 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship Martha Russ , her German corporate owners, E. Russ & Co., a second ship, the Dutch Korendyk , and the latter\u27s owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia\u27s claim sounded in both tort and breach of contract in that the defendants had allegedly delivered Oy Nokia\u27s cargo to Vancouver in damaged condition. Oy Nokia had sold serial capacitators to British Columbia Hydro. The goods were loaded on the Martha Russ in Finland and covered by a bill of lading for carriage to Germany. Upon arrival of the German ship in Hamburg, E. Russ & Co. notified the plaintiff\u27s German agents. At the agents\u27 direction, the cargo was loaded on barges ordered and paid for by the agents and the barges were towed from the Martha Russ to the Korendyk . The goods were not inspected in Hamburg (indeed, they were not inspected until delivered in Vancouver),2 but were charged on board the Dutch ship and covered by a bill of lading from Hamburg to Vancouver issued by or on behalf of the Dutch owners of the Korendyk . The bills of lading issued by the German and Dutch companies were completely separate, and there was no allegation of any connection between the two companies. The German ship and her owners participated no further in the carriage or handling of Oy Nokia\u27s cargo once it was loaded on the barges in Hamburg

Doyle v. Doyle

In Doyle v. Doyle, \u27 the defendant in a civil action moved to set aside the service of a writ of summons on the grounds of want of jurisdiction of the Newfoundland Supreme Court. The defendant, resident and domiciled in Montreal, was arrested there on December 7, 1973, and taken under police escort to St. John\u27s. He was released on bail on December 11 but was required to remain in Newfoundland until final disposition of the fraud case for which he had been arrested. On December 17 a writ was issued against him from the Newfoundland Court and on December 18 it was served on him in Newfoundland. This action was one for arrears of maintenance under a Quebec judgment. 2 The defendant asked that the writ and service thereof be set aside ... on grounds that he was only found within the jurisdiction of the Court where service could legally be effected because he was brought into Newfoundland compulsorily by the police\u27 \u27.3 The Court rejected the defendant\u27s contentions. It distinguished situations where civil process has been set aside where a defendant was induced to enter the jurisdiction by fraud,4 such decisions being founded on the principle that service in such instances amounts to an abuse of process of the Court.

Oy Nokia and Order XI: Notes on Unstructured Bases of Jurisdiction

In Oy Nokia Ab v. The Ship Martha Russ 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship Martha Russ , her German corporate owners, E. Russ & Co., a second ship, the Dutch Korendyk , and the latter\u27s owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia\u27s claim sounded in both tort and breach of contract in that the defendants had allegedly delivered Oy Nokia\u27s cargo to Vancouver in damaged condition. Oy Nokia had sold serial capacitators to British Columbia Hydro. The goods were loaded on the Martha Russ in Finland and covered by a bill of lading for carriage to Germany. Upon arrival of the German ship in Hamburg, E. Russ & Co. notified the plaintiff\u27s German agents. At the agents\u27 direction, the cargo was loaded on barges ordered and paid for by the agents and the barges were towed from the Martha Russ to the Korendyk . The goods were not inspected in Hamburg (indeed, they were not inspected until delivered in Vancouver),2 but were charged on board the Dutch ship and covered by a bill of lading from Hamburg to Vancouver issued by or on behalf of the Dutch owners of the Korendyk . The bills of lading issued by the German and Dutch companies were completely separate, and there was no allegation of any connection between the two companies. The German ship and her owners participated no further in the carriage or handling of Oy Nokia\u27s cargo once it was loaded on the barges in Hamburg

Note on Developments in Torts

Between October 1974 and March 1975, the Nova Scotia Law News synopsized some forty Nova Scotia tort cases. This note will not attempt to duplicate that coverage, but rather to elaborate upon a few of the points raised in those cases and to emphasize a number of Supreme Court of Canada decisions which should have tangible effect upon our provincial tort law

Oy Nokia and Order XI: Notes on Unstructured Bases of Jurisdiction

In Oy Nokia Ab v. The Ship Martha Russ 1the Trial Division of the Federal Court was faced with the issue of its power to authorize service of a statement of claim out of the jurisdiction. Before the court stood the plaintiff, Oy Nokia Ab, a Finnish corporation, and the defendants, the German registered ship Martha Russ , her German corporate owners, E. Russ & Co., a second ship, the Dutch Korendyk , and the latter\u27s owners, the Dutch corporation Nederlandsche-Ameri-Kaansche Stoomvaart Maatschappij, N.V. Oy Nokia\u27s claim sounded in both tort and breach of contract in that the defendants had allegedly delivered Oy Nokia\u27s cargo to Vancouver in damaged condition. Oy Nokia had sold serial capacitators to British Columbia Hydro. The goods were loaded on the Martha Russ in Finland and covered by a bill of lading for carriage to Germany. Upon arrival of the German ship in Hamburg, E. Russ & Co. notified the plaintiff\u27s German agents. At the agents\u27 direction, the cargo was loaded on barges ordered and paid for by the agents and the barges were towed from the Martha Russ to the Korendyk . The goods were not inspected in Hamburg (indeed, they were not inspected until delivered in Vancouver),2 but were charged on board the Dutch ship and covered by a bill of lading from Hamburg to Vancouver issued by or on behalf of the Dutch owners of the Korendyk . The bills of lading issued by the German and Dutch companies were completely separate, and there was no allegation of any connection between the two companies. The German ship and her owners participated no further in the carriage or handling of Oy Nokia\u27s cargo once it was loaded on the barges in Hamburg

Neural Relax

We present an algorithm for data preprocessing of an associative memory inspired to an electrostatic problem that turns out to have intimate relations with information maximization

Coefficient of Restitution for Viscoelastic Spheres: The Effect of Delayed Recovery

The coefficient of normal restitution of colliding viscoelastic spheres is computed as a function of the material properties and the impact velocity. From simple arguments it becomes clear that in a collision of purely repulsively interacting particles, the particles loose contact slightly before the distance of the centers of the spheres reaches the sum of the radii, that is, the particles recover their shape only after they lose contact with their collision partner. This effect was neglected in earlier calculations which leads erroneously to attractive forces and, thus, to an underestimation of the coefficient of restitution. As a result we find a novel dependence of the coefficient of restitution on the impact rate.Comment: 11 pages, 2 figure