Westwood Shipping Lines v. Geo International Inc. et al., 1999 CanLII 7652

In Carriage of Goods by Sea on (Updated )

This was an action for fraudulent misrepresentation against the General Manager of the corporate Defendant. The corporate Defendant was the "Notify Party" on order bills of lading. The corporate Defendant obtained delivery of the cargo from the Plaintiff without surrendering the original endorsed bills of lading and without paying the purchase price to the shipper/vendor. In an earlier summary judgment …

Full Summary

Kodak v. Racine Terminal (Montreal) Ltd., 1999 CanLII 7750

In Carriage of Goods by Sea on (Updated )

This was an application for summary judgment by a cargo owner for damage to a shipment of paper. The cargo was damaged by the crane operator of the Defendant terminal during unloading. The only issue in the case was whether the terminal could rely upon a Himalaya clause contained in the bill of lading. Although there was no written contract …

Full Summary

MacKay v. Scott Packing & Warehousing Co., 1999 CanLII 7401

In Carriage of Goods by Sea on (Updated )

This was a reference to determine the damages of the Plaintiff based upon a limitation of liability clause contained in the contract of carriage. The limitation clause limited the defendant’s liability to 10 pounds sterling per cubic foot of the cubic capacity of the item lost or damaged or, at the Defendant’s option, to the cost of repair or replacement. …

Full Summary

Westwood Shipping Lines v. Geo International Inc., 1998 CanLII 7984

In Carriage of Goods by Sea on (Updated )

This was an application for summary judgement by the Plaintiff carrier against the Defendant for conversion. The Defendant was the "Notify Party" on order bills of lading. The Defendant obtained delivery of the cargo without surrendering the original endorsed bills of lading and without paying the purchase price to the shipper/vendor. The Plaintiff maintained that the cargo was delivered only …

Full Summary

Jian Sheng Co. Ltd. v. Great Tempo S.A., 1998 CanLII 9059 (FCA)

In Carriage of Goods by Sea on (Updated )

This is an important case on the issue of the identity of the carrier under a bill of lading although the case arose in the context of a motion for a stay of proceedings under a jurisdiction clause. The Federal Court of Appeal held that where the bill of lading is signed for or on behalf of the Master it …

Full Summary

Canusa Systems Ltd. v. The "Canmar Ambassador", 1998 CanLII 7449

In Carriage of Goods by Sea on (Updated )

This was a motion by the Plaintiff for summary judgment against the Defendant freight forwarder for damage caused to a cargo of heat shrunk tubing. The Defendant admitted that it had arranged the shipment of the goods and that the goods were damaged but argued that as freight forwarder it was not responsible for the damage. However, it had issued …

Full Summary

Brereton v. KLC Freight Services Ltd., No. 485/95 (Ont. Ct. Gen. Div.)

In Carriage of Goods by Sea on (Updated )

This was an appeal of a judgement rendered by the Ontario Small Claims Court. The action involved a shipment of personal effects from Toronto to Trinidad. Sixteen pieces were delivered by the Plaintiff to the Defendant for carriage but only fifteen pieces were ultimately delivered. The contract between the Plaintiff and Defendant specified that the Defendant was not a carrier …

Full Summary

American President Lines Ltd. v. Pannill Veneer Co. Ltd., 1997 CanLII 5500

In Carriage of Goods by Sea on (Updated )

This was an action by an ocean carrier to recover freight charges. The Defendant shipper had retained a freight forwarder who made the carriage arrangements with the Plaintiff. The Plaintiff invoiced the freight forwarder who in turn invoiced the Defendant. The Defendant paid the freight forwarder but the forwarder became insolvent and did not pay the Plaintiff. The Court held …

Full Summary

Union Carbide Corporation v. Fednav Limited, 1997 CanLII 6062

In Carriage of Goods by Sea on (Updated )

This was a claim for damage to a cargo of synthetic resin shipped from Montreal to Bangkok and Manila on board the ship "Hudson Bay". The Plaintiffs were the shipper of the cargo and the consignees. The consignees purchased the cargo on cif Bangkok and cif Manila terms. The "Hudson Bay" was under time charter pursuant to a New York …

Full Summary

Me Thierry Van Dooselaere v. Unispeed Group Inc. and SGS Supervision Services, 1997 CanLII 4764

In Carriage of Goods by Sea on (Updated )

This was an action by the Plaintiff shipper against the carrier and surveyors for excessive freight charges. The Plaintiff negotiated a freight rate for 1486 metric tonnes of creosoted poles. During the course of loading the poles it was discovered that the cargo occupied more space than anticipated and the carrier demanded additional freight which the Plaintiff was forced to …

Full Summary