Q.N.S. Paper Co. v. Chartwell Shipping Ltd.

Q.N.S. Paper Co. v. Chartwell Shipping Ltd.

Canadian maritime law governs stevedoring contracts; absent specific statutory rule the issue is decided by construing the contract to determine parties' intention; Chartwell consistently and unambiguously represented it was acting "as agent only" and therefore was not personally liable; provincial superior courts must apply the same uniform Canadian maritime law as the Federal Court.

Citation
[1989] 2 SCR 683
Parties
Appellant/managing Operator and Agent: Chartwell Shipping Limited; Respondent/stevedore and Local Ship Agent: Q.N.S. Paper Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 September 1989
Procedural Posture
Maritime Law Appeal to Supreme Court of Canada / Appeal to Supreme Court of Canada (re Hearing)
Outcome
Appeal allowed; judgment of Quebec Court of Appeal quashed; judgment of Quebec Superior Court restored
Legal Topics
Agent Liability, Undisclosed/partially Disclosed Principal, Mandate, Application of Civil Code Vs Common Law, Federal Court Act Ss.2 and 22(2)(m)
Source Language
English
Maritime Law Admiralty Jurisdiction Agency Contract Law Agent Liability Undisclosed/partially Disclosed Principal Mandate Application of Civil Code Vs Common Law +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Chartwell Shipping Limited

Appellant/managing Operator and Agent

Q.N.S. Paper Company Limited

Respondent/stevedore and Local Ship Agent

Procedural Posture

Maritime Law Appeal to Supreme Court of Canada / Appeal to Supreme Court of Canada (re Hearing)

Legal Issues

  1. 1 Whether an agent of an unnamed or partially disclosed principal is personally liable on a contract when the agent expressly indicates it is acting only as agent
  2. 2 Which body of law governs (Canadian maritime law: common law, civil law or composite)
  3. 3 Whether provincial superior courts must apply the same Canadian maritime law as the Federal Court

Ratio Decidendi

Canadian maritime law governs stevedoring contracts; absent specific statutory rule the issue is decided by construing the contract to determine parties' intention; Chartwell consistently and unambiguously represented it was acting "as agent only" and therefore was not personally liable; provincial superior courts must apply the same uniform Canadian maritime law as the Federal Court.

Court Disposition

Appeal allowed; judgment of Quebec Court of Appeal quashed; judgment of Quebec Superior Court restored

Orders

  • Appeal allowed
  • Judgment of the Quebec Court of Appeal set aside