Précis: The Federal Court held it had no jurisdiction to adjudicate a third party claim for indemnity brought by the ocean carrier against a trucker who took delivery of the cargo either unlawfully or negligently.
Full SummaryGearbulk Pool Ltd. v. Seaboard Shipping Co., 2006 BCCA 552
This matter involved a claim for indemnity by the Plaintiff ocean carrier against the Defendant for damages the Plaintiff was ordered to pay in the matter of Timberwest Forest Ltd. v Gearbulk Pool Ltd. et al., 2003 BCCA 39 (the “underlying action”). In the underlying action the cargo of lumber was comprised of two consignments destined to two different consignees. …
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