Précis: The court held that a transportation services contract between the parties was, in fact, a contract for the charter of a ship and the Hague-Visby Rules did not apply.
Full SummaryOceanex Inc. v. Praxair Canada Inc., 2014 FC 6
Précis: The shipper was held liable for damage caused to the ship as a consequence of a rupture of a container of liquid oxygen.
Full SummaryThe Mercury XII (aka Wells Fargo) v. The MLT-3, 2012 FC 738, 2013 FCA 96
Précis: The Federal Court of Appeal held that the hire of a tug and barge was not a contract of carriage to which the Hague-Visby Rules applied.
Full SummaryAllianz Global Risks US Insurance Co. v. Moosonee Trans. Ltd., 2009 QCCQ 7569
This was a subrogated claim for several vehicles and other cargo lost when a barge sank en route to James Bay. The defendants were a company that arranged the transportation and the actual carrier. A preliminary issue in the case was whether the claim was governed by Canadian maritime law or the Civil Code of Quebec. The Court had little …
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