Orient Overseas Container Line Limited v. Sogelco International, 2011 FC 1466

In Carriage of Goods by Sea, Judgments and Enforcement of Judgments on (Updated )

This was an appeal from a decision of a Prothonotary granting recognition and enforcement of a New York arbitration award. The appellant argued that the Prothonotary had erred in finding that there was a written arbitration agreement, a requirement of recognition and enforcement. The Appeal Judge, however, agreed with the Prothonotary. He found the undisputed evidence was that a services …

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Railink v. Fedmar Limited, 2009 CanLII 15893

In Carriage of Goods by Road/Rail on (Updated )

This was an appeal from a Small Claims Court decision finding the defendant “FedMar” liable to the plaintiff, “SOR”, for demurrage charges on railcars at FedMar’s premises. Although there was no direct contract between SOR and FedMar, SOR had issued tariffs to FedMar setting out the demurrage fees prior to the dispute. The trial Judge’s decision was upheld on the …

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