The issue in this case was whether a counterclaim for damage to cargo and non-delivery should be dismissed on the grounds that the counterclaim was made out of time. The moving party relied upon a clause in the bill of lading that stipulated the carrier would be discharged from all liability unless suit was brought within one year (almost identical …
Full SummaryBudget Steel Ltd. v. Seaspan International Ltd., 2003 FCT 610
This was an appeal to the Federal Court of a Prothonotary’s order granting the Plaintiffs an extension of time to file a defence to counterclaim. The Plaintiffs claimed damages for the loss of a cargo of scrap steel when the Defendant’s barge capsized. The Defendant filed a defence and counterclaimed for loss of freight and damage to the barge as …
Full Summary