Précis: The Federal Court of Appeal upheld a decision of the Federal Court that: (1) the Crown was not liable for damages caused to a ship running aground on an un-charted shoal in the Arctic when the shoal had been the subject of a Notice to Shipping; and (2) the ship was liable to the Crown for the costs of pollution abatement.
Full SummaryKuehne & Nagel Ltd. v. Agrimax Ltd., 2010 FC 1303
This was an action by a freight forwarder for payment of freight. The forwarder also had the “pen” of the NVOCC and was authorized to issue bills of lading on its behalf. The defendant argued that it was not liable for the freight because the forwarder refused to issue bills of lading with a date of loading different than the …
Full Summary