Carriage of Goods by Sea

Sea Waybill - Bill of Lading - s. 46 Marine Liability Act

Arc-En-Ciel Produce Inc. v. BF Leticia (Ship), 2022 FC 843

In Admiralty Practice, Carriage of Goods by Sea, Stays of Proceedings, Uncategorized on June 7, 2022

Précis: The Federal Court determined that s. 46 of the Marine Liability Act does not apply to waybills or other similar shipping documents.

Full Summary

Iamgold Corporation v. Hapag-Lloyd Ag, 2019 FC 1514, 2021 FCA 110

In Carriage of Goods by Sea, Experts and Expert Evidence on June 2, 2021 (Updated November 29, 2019)

Précis: The Federal Court found that a loss of cargo on the road leg of the carriage was subject to the limitation of liability applicable to road carriage under German law.

Full Summary

Foreign Arbitration - Marine Cargo Insurance - Stay of Proceeding - Summary Judgment if Stay Refused

ATS Automation Tooling Systems Inc. v. Chubb Insurance Company of Canada, 2018 ONSC 6139

In Carriage of Goods by Sea, Stays of Proceedings on November 2, 2018 (Updated December 01, 2018)

Précis: The Ontario Superior Court of Justice refused a motion to temporarily stay domestic proceedings where the same dispute was on-going and subject to final arbitral decision in India.

Full Summary

Carriage of Goods - Freight Forwarder - Privity

Nine Starz Fruits & Vegetables Inc. v. Schenker of Canada Ltd., 2017 QCCQ 2122

In Carriage of Goods by Sea on March 15, 2017 (Updated April 11, 2018)

Précis: The Court of Quebec refused motions to dismiss the claim of the plaintiff consignee against a freight forwarder and ship owner on the basis of lack of privity of contract.

Full Summary

Right to Limit Liability - Undeclared Deck Carriage

De Wolf Maritime Safety B.V. v. Traffic-Tech International Inc., 2017 FC 23

In Carriage of Goods by Sea on January 11, 2017 (Updated April 11, 2018)

Précis: A carrier is entitled to limit liability under the Hague-Visby Rules for undeclared deck carriage.

Full Summary

Agreements to insure - Application of Hague-Visby Rules - Carriage of Goods - Is Transportation Services Contract a Charter?

AGF Steel Inc. v. Miller Shipping Limited, 2016 FC 461

In Carriage of Goods by Sea, Judgments and Enforcement of Judgments on April 20, 2016 (Updated April 03, 2017)

Précis: The court held that a transportation services contract between the parties was, in fact, a contract for the charter of a ship and the Hague-Visby Rules did not apply.

Full Summary

Carriage by Sea - Dead Freight - Practice - Summary Judgment

Asia Ocean Services, Inc. (UPS Asia Group Pte Ltd) v. Belair Fabrication Ltd, 2015 FC 1141

In Carriage of Goods by Sea, Judgments and Enforcement of Judgments on October 6, 2015 (Updated November 22, 2015)

Précis: The shipper was required to pay dead freight pursuant to the terms of a booking note.

Full Summary

Application of Hague-Visby Rules - Dangerous Goods - Domestic Carriage - Liability of Shipper for Damage Caused to Ship

Oceanex Inc. v. Praxair Canada Inc., 2014 FC 6

In Carriage of Goods by Sea on January 10, 2014 (Updated June 03, 2015)

Précis: The shipper was held liable for damage caused to the ship as a consequence of a rupture of a container of liquid oxygen.

Full Summary

Application of Hague-Visby Rules - Carriage by Sea - Change of Ownership - Damage Done by a Ship - In Rem Actions

The Mercury XII (aka Wells Fargo) v. The MLT-3, 2012 FC 738, 2013 FCA 96

In Carriage of Goods by Sea, In Rem Actions and Arrest on April 10, 2013 (Updated July 17, 2012)

Précis: The Federal Court of Appeal held that the hire of a tug and barge was not a contract of carriage to which the Hague-Visby Rules applied.

Full Summary

Concurrent Cases - Enjoining Superior Court - Establishment of Limitation Fund - Jurisdiction - Limitation of Liability - Stay of Limitation Proceedings

Siemens Canada Limited v. J.D. Irving, Limited, 2011 FC 791, 2012 FCA 225

In Carriage of Goods by Sea on August 30, 2012 (Updated July 11, 2012)

Précis: The Federal Court of Appeal upheld the decision of the trial Judge enjoining proceedings in a provincial superior court while a limitation action was proceeding.

Full Summary

Page 1 of 7
1
2
3
...
7
→