Porto Seguro Companhia De Seguros Gerais v. The "Federal Danube" et al., 2001 CanLII 22115 (FC)

In Carriage of Goods by Sea on (Updated )

This was the re-trial of an action that had been previously dismissed by the Federal Court Trial Division in a judgment reported at [1995] 82 F.T.R. 127. That judgment was ultimately overturned by the Supreme Court of Canada and a new trial ordered on the grounds that the Trial Judge erred in refusing to hear three expert witnesses because assessors …

Full Summary

Kanematsu GMBH v. Acadia Shipbrokers Limited et al., 2000 CanLII 15572

In Carriage of Goods by Sea on (Updated )

This was an appeal from a motion in which the Plaintiff was granted summary judgment against the Defendant charterers for having induced the ship owner to deliver up the cargo to a third party without proper presentation of the bill of lading. The Defendants argued that the case was not appropriate for summary judgment as the facts were too complex. …

Full Summary

Pantainer Ltd. v. 996660 Ontario Ltd., 2000 CanLII 15080

In Carriage of Goods by Sea on (Updated )

This was a claim for freight charges owing. The Defendant alleged that it was entitled to a set-off for damage caused to cargo carried by the Defendant. The Court held the general rule was that freight is to be paid without deduction and that the Defendant accordingly had no right of set-off. One of the issues in this case was …

Full Summary

Canadian Forest Products Inc. v. Termar Navigation Co. Inc., 1997 CanLII 6323, 2000 CanLII 15054

In Carriage of Goods by Sea on (Updated )

This was an appeal from a judgment of the Trial Division reported at [1998] 2 F.C. 328. The claim was by the carrier to recover the costs of discharging and re-stowing the Plaintiff’s cargo after it shifted when the vessel encountered a large wave in rough seas. The Trial Judge held that the Plaintiff was not obliged to pay the …

Full Summary

Transport Navimex Canada Inc. v. Canada, 2000 CanLII 14979

In Carriage of Goods by Sea on (Updated )

In this matter the Defendant, Transport Canada, had invited the submission of bids to transport cargo to Greenland. The Plaintiff submitted a bid to carry the cargo on the "Glencoe" which was accepted by the Defendant. After acceptance, the Defendant increased the amount of cargo it wished to transport and purported to terminate the agreement with the Plaintiff on the …

Full Summary

Morlines Maritime Agency Ltd. v. IKO Industries Ltd., 1999 CanLII 9196

In Carriage of Goods by Sea on (Updated )

The issue in this case was whether the shipper was liable for the ocean carrier’s freight charges when it had already paid the freight forwarder who went bankrupt without paying the carrier. The court relied upon the decision in C.P. Ships v Les Industries Lyons Corduroys Lte., [1983] 1 F.C. 736, where it was held that the debtor/shipper must pay …

Full Summary

Braber Equipment Ltd. v. Fraser Surrey Docks Ltd., 1999 BCCA 579

In Carriage of Goods by Sea on (Updated )

This case involved damage to a container of equipment admittedly caused by the negligence of the terminal operator. The terminal operator sought to limit its liability to $100.00 per package pursuant to a limitation clause contained in its tariff. The Court found, however, that the Plaintiff had no knowledge of the tariff and was not bound by it. The Plaintiff’s …

Full Summary

Voest-Alpine Stahl Linz GmbH v. The "Federal St. Clair" et al., 1999 CanLII 8635 (FC)

In Carriage of Goods by Sea on (Updated )

This was an action for damage to 35 steel coils. The coils were manufactured in Austria and carried by barge to Antwerp where they were loaded on board the Defendant vessel and carried to Montreal. A pre-loading survey at Antwerp noted some minor rusting to the coils. The cargo was not surveyed at Montreal. It was carried from Montreal to …

Full Summary

Canadian Pacific Forest Products Limited et al. v. The "Beltimber" et al., [1999] 4 FC 320

In Carriage of Goods by Sea on (Updated )

This was an appeal from a decision of the Trial Division. The case involved the loss of a part cargo of lumber carried on deck from Canada to Europe. The bills of lading were claused "on deck at shipper’s risk" and clause 8 of the bill of lading was a "liberty" clause which specifically allowed the carrier to stow goods …

Full Summary

Riva Stahl GmbH v. The "Bergen Sea" et al., 1999 CanLII 8093

In Carriage of Goods by Sea on (Updated )

This was an appeal from a decision of the Trial Division in which an application for summary judgment by the Defendants based on a time limitation defence was allowed. The case illustrates the dangers to Plaintiffs of suit time extensions. The Plaintiffs in the case obtained a suit time extension from the shipowner to June 13, 1995. This extension was …

Full Summary