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.
Full SummaryAGF Steel Inc. v. Miller Shipping Limited, 2016 FC 461
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 SummaryT. Co. Metals LLC v. The Federal Ems, 2011 FC 291, 2012 FCA 284
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. …
Full SummaryCami Automotive, Inc v. Westwood Shipping Lines Inc, 2009 FC 664, 2012 FCA 16
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.
Full SummaryCami Automotive, Inc v. Westwood Shipping Lines Inc, 2010 FC 26
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 …
Full SummaryAmerican Transport Logistics v. Kobi Group Inc., 2009 CanLii 65798
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 …
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 …
Full SummaryH. Paulin & Co. Ltd. v. A Plus Freight Forwarder Co. Ltd., 2009 FC 727
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 …
Full SummaryCargo Dynamics Logistics Inc. v. Apex Micro Manufacturing Corp., 2009 BCSC 832
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 …
Full SummaryTimberwest Forest Corp. v. Pacific Link Ocean Services Corporation, 2009 FCA 119
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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