Carriage of Goods - Admiralty Law

Nine Starz Fruits & Vegetables Inc. v. Schenker of Canada Ltd., 2017 QCCQ 2122

In Carriage of Goods by Sea on March 15, 2017 (Updated April 11, 2018)

Précis: The Court of Quebec refused motions to dismiss the claim of the plaintiff consignee against a freight forwarder and ship owner on the basis of lack of privity of contract.

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Agreements to insure - Application of Hague-Visby Rules - Carriage of Goods - Is Transportation Services Contract a Charter?

AGF Steel Inc. v. Miller Shipping Limited, 2016 FC 461

In Carriage of Goods by Sea, Judgments and Enforcement of Judgments on April 20, 2016 (Updated April 03, 2017)

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.

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Application of s.46 MLA to Charterparties - Arbitration Clause - Carriage of Goods - Stay of Proceedings

T. Co. Metals LLC v. The Federal Ems, 2011 FC 291, 2012 FCA 284

In Admiralty Practice, Stays of Proceedings on November 8, 2012 (Updated July 11, 2012)

A cargo of cold-rolled steel coils was carried from Brazil to Toronto pursuant to bills of lading that incorporated the terms and conditions of a voyage charterparty between the exporter and the time charterer of the vessel. Pursuant to the terms of the voyage charterparty, the exporter was to be responsible for the loading, stowing and discharging of the cargo. …

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Applicable Limitation - Carriage of Goods - Hague-Visby Rules - Himalaya Clause - Intermodal - Meaning of Bill of Lading - Meaning of Package - Rail Carriage - Sub-Bailment

Cami Automotive, Inc v. Westwood Shipping Lines Inc, 2009 FC 664, 2012 FCA 16

In Carriage of Goods by Sea on January 17, 2012 (Updated July 11, 2012)

Précis: The Federal Court of Appeal upheld a decision of the Federal Court holding that a rail carrier could choose the limitation that was the most beneficial to it.

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Applicable Limitation - Carriage of Goods - Double Costs - Himalaya Clause - Intermodal - Rail Carriage

Cami Automotive, Inc v. Westwood Shipping Lines Inc, 2010 FC 26

In Admiralty Practice, Costs and Security for Costs on January 8, 2010 (Updated April 07, 2013)

This was a case involving a claim against a rail carrier and vessel for damage to cargo. The plaintiff recovered only the limitation amount of $50,000. The vessel and rail carrier each claimed entitlement to double costs on the basis that the rail carrier had paid the plaintiff Cdn$50,000 and the vessel had made an offer to settle in the …

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Carriage of Goods - Liability for Storage Charges

American Transport Logistics v. Kobi Group Inc., 2009 CanLii 65798

In Carriage of Goods by Sea on November 20, 2009 (Updated July 03, 2012)

This was a motion for summary judgment brought by the plaintiff, an international freight forwarder, against the defendant, an international importer and exporter of commercial goods for resale. In January 2007, the defendant contacted the plaintiff to arrange the carriage of perishable goods from Germany to Kingston, Jamaica. The destination was later changed to St. Lucia and in March 2007 …

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Application of Hague-Visby Rules - Carriage of Goods - Deck Carriage - Domestic Carriage

Allianz Global Risks US Insurance Co. v. Moosonee Trans. Ltd., 2009 QCCQ 7569

In Carriage of Goods by Sea on August 5, 2009 (Updated July 03, 2012)

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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"Freight Prepaid" Bills of Lading - Agency - Carriage of Goods - Non-payment of Freight

H. Paulin & Co. Ltd. v. A Plus Freight Forwarder Co. Ltd., 2009 FC 727

In Carriage of Goods by Sea on July 16, 2009 (Updated July 03, 2012)

The issue in this case was whether the receiver of cargo under “freight Pre-paid” bills of lading was liable for non-payment of freight. The parties were: H. Paulin, the receiver/consignee; A Plus, a local forwarder who issued bills of lading and was held to be a NVOCC; Scanwell, a forwarder who had contracted with A Plus and who issued “freight …

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Carriage of Goods - Liability for Freight

Cargo Dynamics Logistics Inc. v. Apex Micro Manufacturing Corp., 2009 BCSC 832

In Carriage of Goods by Road/Rail on June 23, 2009 (Updated July 04, 2012)

This was an action for freight owing in respect of a number of shipments. The defendant was the consignee of the shipments and alleged that it was not liable for the freight as the plaintiff/carrier had contracted with the shipper. The evidence established, however, that the carriage arrangements were made between the plaintiff and defendant, and that the plaintiff was …

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3rd parties - Carriage of Goods - Deck Carriage - Marine Insurance - Waiver of Subrogation

Timberwest Forest Corp. v. Pacific Link Ocean Services Corporation, 2009 FCA 119

In Carriage of Goods by Sea on April 17, 2009 (Updated July 03, 2012)

This was a subrogated claim for the loss of approximately C$1 million worth of logs. The logs were lost from the deck of a barge while en route from Vancouver to California. The issues in the case were: first, whether the cargo was sufficiently described as deck cargo to remove it from the application of the Hague-Visby Rules (thus denying …

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