Carriage by Sea - Admiralty Law

Asia Ocean Services, Inc. (UPS Asia Group Pte Ltd) v. Belair Fabrication Ltd, 2015 FC 1141

In Carriage of Goods by Sea, Judgments and Enforcement of Judgments on October 6, 2015 (Updated November 22, 2015)

Précis: The shipper was required to pay dead freight pursuant to the terms of a booking note.

Application of Hague-Visby Rules - Carriage by Sea - Change of Ownership - Damage Done by a Ship - In Rem Actions

The Mercury XII (aka Wells Fargo) v. The MLT-3, 2012 FC 738, 2013 FCA 96

In Carriage of Goods by Sea, In Rem Actions and Arrest on April 10, 2013 (Updated July 17, 2012)

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 Summary

Carriage by Sea - Fruit - Hague-Visby Rules - Interpretation of Exclusion/Limitation Clauses - Refrigeration Breakdown Post Discharge

Les Courtiers Breen Ltee. v. Mediterranean Shipping Co., 2010 QCCQ 583, 2011 QCCA 2173

In Carriage of Goods by Sea on November 23, 2011 (Updated July 03, 2012)

The main issue in this case was the liability of the carrier for damage to a cargo of clementines carried from South Africa to Montreal via New York. The container in which the cargo was stowed had been stowed and sealed by the shipper and the carrier argued that the plaintiff had not proven the goods were received by it …

Full Summary

Carriage by Sea - Delivery Without Bill of Lading

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

In Carriage of Goods by Sea on February 11, 2004 (Updated July 03, 2012)

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 …

Full Summary

Burden of Proof - Carriage by Sea - Identity of Carrier

Voest-Alpine Stahl Linz GmbH v. The "Federal St. Clair" et al., 1999 CanLII 8635 (FC)

In Carriage of Goods by Sea on August 31, 1999 (Updated July 03, 2012)

This was an action for damage to 35 steel coils. The coils were manufactured in Austria and carried by barge to Antwerp where they were loaded on board the Defendant vessel and carried to Montreal. A pre-loading survey at Antwerp noted some minor rusting to the coils. The cargo was not surveyed at Montreal. It was carried from Montreal to …

Full Summary