Canada National (West Indies) Steamships Ltd. v. Canada and Dominion Sugar Co. Ltd.

Canada National (West Indies) Steamships Ltd. v. Canada and Dominion Sugar Co. Ltd.

The bill of lading was qualified by the marginal endorsement and clause 27 so it did not constitute an unqualified representation giving rise to estoppel, and in any event the buyer did not rely on any unqualified statement; the cargo was properly stowed and stained/wet bags did not damage otherwise sound cargo; the discovery transcript was not evidence because it was not read at trial. Accordingly the appeal is allowed and the action dismissed.

Citation
[1945] SCR 249
Parties
Defendant Appellant: Canadian National (West Indies) Steamships Limited; Plaintiff Respondent: Canada And Dominion Sugar Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 February 1945
Procedural Posture
Appeal / Supreme Court of Canada on Appeal From Exchequer Court of Canada, Quebec Admiralty District
Outcome
Appeal allowed; action dismissed with costs.
Legal Topics
Bill of Lading, Estoppel, Stowage, Carriage of Goods, Examination for Discovery, Statutory Interpretation
Source Language
English
Admiralty Shipping Contract Evidence Transportation Bill of Lading Estoppel Stowage +3 more

Case Brief

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Parties

Canadian National (West Indies) Steamships Limited

Defendant Appellant

Canada And Dominion Sugar Company Limited

Plaintiff Respondent

Procedural Posture

Appeal / Supreme Court of Canada on Appeal From Exchequer Court of Canada, Quebec Admiralty District

Legal Issues

  1. 1 Whether a carrier is estopped by a bill of lading stating goods were received 'in apparent good order and condition' from proving the contrary
  2. 2 Whether improper stowage caused damage to otherwise sound cargo
  3. 3 Whether a transcription of an examination for discovery returned to the trial court but not read at trial is admissible before this Court

Ratio Decidendi

The bill of lading was qualified by the marginal endorsement and clause 27 so it did not constitute an unqualified representation giving rise to estoppel, and in any event the buyer did not rely on any unqualified statement; the cargo was properly stowed and stained/wet bags did not damage otherwise sound cargo; the discovery transcript was not evidence because it was not read at trial. Accordingly the appeal is allowed and the action dismissed.

Court Disposition

Appeal allowed; action dismissed with costs.

Orders

  • Appeal allowed and respondent's action dismissed with costs here and below.
  • Examination for discovery transcript disregarded as not part of the evidence before this Court.