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Elders Grain Company Limited et al. v. The "Ralph Misener" et al., 2004 FC 1285

In Carriage of Goods by Sea on (Updated )

In this matter the Defendant had been successful in its counterclaim and now sought compound interest. The Court referred to the Supreme Court of Canada decision in Bank of America Canada v Mutual Trust Co., [2002] SCR 601, wherein it was held that compound interest will generally be limited to breach of contract cases where the parties agreed, knew or …

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Asian Exports International v. Zim Israel Navigation Co. Ltd. et al., 2004 FC 225

In Carriage of Goods by Sea on (Updated )

In this matter the Plaintiff had paid for goods that were shipped from China and was the named consignee on a non-negotiable bill of lading. The vendor however refused to give the Plaintiff the original bill of lading by which to obtain delivery of the goods from the carrier. When the container arrived the Plaintiff commenced suit against the vendor …

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

In Carriage of Goods by Sea on (Updated )

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 …

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Timberwest Forest Ltd. v. Gearbulk Pool Ltd. et al., 2003 BCCA 39

In Carriage of Goods by Sea on (Updated )

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 …

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American Risk Management Inc. v. APL Co. Pte. Ltd., 2002 FCT 1023

In Carriage of Goods by Sea on (Updated )

This was an action for damage to a cargo of 52 rolls of fabric carried by land, sea and rail from Pakistan to Toronto, Ontario. The cargo was initially received at its destination without any notations as to damage. However, a few days later it was discovered that the rolls were damaged by mould and stains. The Plaintiff argued that …

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Vandenburg v. Randy Houston International, [2002] O.J. No. 485

In Carriage of Goods by Sea on (Updated )

The Plaintiff hired the Defendant to ship her goods from Toronto to Nigeria. Based on representations made by the Defendant, she understood that it was experienced in the shipment of such goods. The Plaintiff travelled to Nigeria but her goods never arrived. She claimed against the Defendant for the return of the freight she had paid and for her expenses. …

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Nova Steel Ltd. et al. v. The "Kapitonas Gudin", 2002 FCT 100

In Carriage of Goods by Sea on (Updated )

These cases were for damage to rolled coils carried from Latvia to Montreal. The coils were “pitted”, allegedly by sea water. The Defendants denied liability arguing the damage was caused by the excepted perils of peril of the sea (condensation), act or omission of the shipper (defective packaging) or inherent defect (mill defects in the coils). After reviewing the evidence, …

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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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Barzelex v. The "EBN Al Waleed", 2001 FCA 111

In Carriage of Goods by Sea on (Updated )

This was an appeal from the Federal Court Trial Division. The bill of lading contained a general paramount clause incorporating the Hague Rules as enacted in the country of shipment. The country of shipment was Turkey. However, Turkey had enacted the Hague Rules twice into its legislation. Initially, the Rules were enacted through ratification of the convention. This enactment gave …

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