Carriage of Goods - Admiralty Law

Carriage of Goods - Counterclaim - Limitation Period

Hapag-Lloyd Container Line GmbH v. Moo Transport & Commodities Inc., 2009 FC 201

In Carriage of Goods by Sea on February 27, 2009 (Updated July 03, 2012)

The issue in this case was whether a counterclaim for damage to cargo and non-delivery should be dismissed on the grounds that the counterclaim was made out of time. The moving party relied upon a clause in the bill of lading that stipulated the carrier would be discharged from all liability unless suit was brought within one year (almost identical …

Full Summary

Carriage of Goods - Jurisdiction Clause - s.46 M.L.A. - Stay of Proceedings

Mitsui O.S.K. Lines Ltd. v. Mazda Canada Inc., 2008 FCA 219, 2008 CanLII 63491

In Admiralty Practice, Stays of Proceedings on June 19, 2008 (Updated July 18, 2012)

The Cougar Ace took on a list of 60 degrees while en route to Canada and the U.S.A. from Japan. As a consequence, a large number of automobiles destined for Canada and U.S.A. were damaged. All of the automobiles were subject to a contract of carriage that contained a jurisdiction clause in favour of Japan and a choice of law …

Full Summary

Carriage of Goods - Failure to Prove Damage on Discharge - Rust Damage

Lovat inc. v. Blue Anchor Line, 2007 FC 491

In Carriage of Goods by Sea on May 4, 2007 (Updated July 03, 2012)

This was an action for damage to a bearing shipped from Toronto to Turkey. The bearing was allegedly damaged by rust when it was delivered at its destination in Turkey. The evidence was that the cargo was in apparent good condition when discharged from the last carrying vessel at Istanbul, however, when it was delivered to its final destination in …

Full Summary

Apportionment - Carriage of Goods - Damage to Vessel - Improper Stowage - Liability of Shipper - Seaworthiness

Sea-Link Marine Services Ltd. et al. v. Doman Forest Products Limited, 2003 FCT 712

In Carriage of Goods by Sea on June 13, 2003 (Updated July 03, 2012)

A cargo of lumber was partially lost during carriage on “SEA-LINK YARDER” a dumb barge under tow between ports on Vancouver Island. During a portion of the transit on the outer coast of Vancouver Island the tug and tow encountered heavy weather and the cargo shifted resulting in loss of some cargo and damage to the barge. A claim was …

Full Summary

Carriage of Goods - Identity of Carrier - Jurisdiction Clauses - Stay of Proceedings

Jian Sheng Co. Ltd. v. Great Tempo S.A., 1998 CanLII 9059 (FCA)

In Carriage of Goods by Sea on April 14, 1998 (Updated July 03, 2012)

This is an important case on the issue of the identity of the carrier under a bill of lading although the case arose in the context of a motion for a stay of proceedings under a jurisdiction clause. The Federal Court of Appeal held that where the bill of lading is signed for or on behalf of the Master it …

Full Summary

Page 2 of 2
←
1
2