Canadian Forest Products Inc. v. Termar Navigation Co. Inc.

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 discharge and re-stowing costs either under the terms of the bill of lading or on the basis of bailment, agency of necessity, quantum meruit or unjust enrichment. On appeal, the Court of Appeal merely indicated that they were in substantial agreement with the reasons of the Trial Judge and dismissed the appeal.