This case concerned a shipment of lumber carried from Canada to Saudi Arabia, some of which was loaded on deck and some of which under deck. During the voyage the vessel suffered engine failure and had to be towed to Piraeus, Greece for repairs. The shipment was insured under an open cargo policy. The assured was concerned about the possibility …
Full SummaryTimberwest Forest Ltd. v. Gearbulk Pool Ltd. et al., 2003 BCCA 39
This case concerned the meaning of “goods” as defined in the Hague-Visby Rules and deals with the need for clarity and accuracy in descriptions of deck cargo. The Plaintiffs were the shippers and consignees of 1725 packages of lumber carried from Vancouver to Antwerp. The cargo was comprised of two consignments destined to two different consignees and covered by two …
Full SummaryGarfield Container Transport Inc. v. Chubb Insurance Co. of Canada, 2002 CanLII 41106
The Plaintiff was a transportation company specializing in taking cargo from ships and delivering such cargo to the customs clearance warehouse and, eventually, to the purchaser. The Plaintiff was insured by the Defendant under a policy which provided coverage for goods shipped under a bill of lading and in due course of transit. In this instance the Plaintiff delivered equipment …
Full SummaryQueen Charlotte Lodge Ltd. v. Hiway Refrigeration Ltd. and Royal Insurance, 1998 CanLII 6552
In this matter the Plaintiff had purchased a used refrigeration unit from one of the defendants for use in transporting meat and vegetables to the Plaintiff’s fishing lodge in the Queen Charlotte islands. The goods were insured under a policy of insurance that included the Institute Frozen Meat Clauses A-24. These clauses contained an exclusion excluding any loss arising from …
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