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Orient Overseas Container Line Limited v. Sogelco International, 2011 FC 1466

In Carriage of Goods by Sea, Judgments and Enforcement of Judgments on (Updated )

This was an appeal from a decision of a Prothonotary granting recognition and enforcement of a New York arbitration award. The appellant argued that the Prothonotary had erred in finding that there was a written arbitration agreement, a requirement of recognition and enforcement. The Appeal Judge, however, agreed with the Prothonotary. He found the undisputed evidence was that a services …

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Rio Tinto Shipping (Asia) Pte Ltd. v. Korea Line Corporation, 2008 FC 1376

In Carriage of Goods by Sea on (Updated )

In this matter the applicant, a voyage charterer, applied to pay into court the freight which it admitted was owing. The reason was that there were conflicting claims by two parities as to entitlement to the freight. The Court recognized the conundrum of the applicant and allowed it to pay the freight into court in satisfaction of its liability in …

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Locher Evers International v. Canada Garlic Distribution Inc., 2008 FC 319

In Carriage of Goods by Sea on (Updated )

This was an action for the recovery of freight in relation to the carriage of produce from China to Toronto. The Defendant did not dispute the freight was owing but alleged a right to set-off and argued that the agreement ousted the jurisdiction of the Federal Court. The agreement between the parties expressly incorporated the Ciffa terms and those terms …

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Mediterranean Shipping Company SA v. BPB Westroc Inc, 2003 FC 942

In Carriage of Goods by Sea on (Updated )

This was an action by the Plaintiff carrier to recover freight from the Defendant shipper. The Defendant’s defence was that it had paid the freight to its freight forwarder. Unfortunately, the freight forwarder went bankrupt without remitting the payments to the carrier. The Prothonotary reviewed the applicable case law and held that a shipper is liable to a carrier for …

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Mediterranean Shipping company S.A. v. Sipco Inc., 2001 FCT 1046

In Carriage of Goods by Sea on (Updated )

The Plaintiff in this action claimed against the Defendant for ocean freight owing in respect of the carriage by sea of nine containers from Toronto to the Persian Gulf. The Defendant admitted non-payment of freight but alleged that it was entitled to a set-off and brought a counterclaim alleging breaches of the contract by the Plaintiff. Specifically, the Defendant alleged …

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