Canada Judgment

Supreme Court of Canada

Canadian S.S. Lines v. Grain Growers Export Co.

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Source document

01

Holding and result

The Court held that the evidence established the barge was not seaworthy at the outset; consequently s.964 did not relieve the defendants of liability and the Appellate Division's reversal of the trial judge was affirmed.

Court disposition

Appeal dismissed with costs; judgment of the Appellate Division of the Supreme Court of Ontario affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of the Appellate Division of the Supreme Court of Ontario affirmed

02

Material facts

Parties

Canadian S.S. Lines

Appellant Counsel: Tilley K.C.; S.C. Wood

Grain Growers Export Co.

Respondent Counsel: J.H. Moss K.C.; C.C. Robinson

03

Procedural history

  1. Posture

    Civil Appeal (maritime/carriage of Goods) / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant submitted that the defendants were not at fault for the injury to the cargo, that the barge's contact with the dock was accidental, and that s.964 of the Canada Shipping Act relieved them of liability.
Respondent
Respondent submitted that the barge was not seaworthy at the outset, that unseaworthiness caused the cargo damage, and that s.964 did not apply to relieve the defendants of liability.

05

Court’s reasoning

  1. 01

    Canada Shipping Act, R.S.C. 1906 c.113 s.964 and related common law on seaworthiness

    A carrier's statutory defence under s.964 of the Canada Shipping Act applies only where the carrier was not at fault and the ship was seaworthy at the outset.

  2. 02

    Principles of appellate review affirmed by the Appellate Division and Supreme Court of Canada

    An appellate court may overturn a trial judge's factual finding where the evidence establishes a contrary conclusion; here, the lack of seaworthiness vitiates the statutory defence.

06

Ratio, limits and disposition

Ratio decidendi

The Court held that the evidence established the barge was not seaworthy at the outset; consequently s.964 did not relieve the defendants of liability and the Appellate Division's reversal of the trial judge was affirmed.

Court disposition

Appeal dismissed with costs; judgment of the Appellate Division of the Supreme Court of Ontario affirmed

  • Appeal dismissed with costs
  • Judgment of the Appellate Division of the Supreme Court of Ontario affirmed

Source and reliance status

Supreme Court of Canada · 6 May 1919

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Judgment text

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Source document

Supreme Court of Canada

Judgment· 6 May 1919

(1919) 59 SCR 643

Canadian S.S. Lines v. Grain Growers Export Co. Collection Supreme Court Judgments Date 1919-05-06 Report (1919) 59 SCR 643 Judges Davies, Louis Henry; Idington, John; Anglin, Francis Alexander; Mignault, Pierre-Basile; Masten On appeal from Ontario Subjects Transportation Decision Content Supreme Court of Canada Canadian S.S. Lines v. Grain Growers Export Co., (1919) 59 S.C.R. 643 Date: 1919-05-06 Canadian S.S. Lines and Grain Growers Export Co. 1919: March 25, 26; 1919: May 6. Present: Sir Louis Davies C.J. and Idington, Anglin and Mignault JJ. and Masten J. ad hoc. ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ONTARIO. Shipping—Carriage of goods—Injury to cargo—Seaworthiness of ship—“Canada Shipping Act,” R.S.C., [1906] c. 113, s.

964. APPEAL from a decision of the Appellate Division of the Supreme Court of Ontario[1], reversing the judgment at the trial by which the respondent’s action was dismissed. The plaintiffs claimed damages for injury to grain shipped in a barge belonging to defendants. The defence was that defendants were not in fault and were relieved by the provisions of sec. 964 of the “Shipping Act.” They claimed that the barge struck a corner of the dock in going out of port, but the evidence given was not very clear. The trial judge exonerated the defendants and dismissed the action. The Appellate Division held that the evidence established that the barge was not seaworthy at the outset and sec. 964 did not apply. The Supreme Court of Canada affirmed the latter decision and dismissed the appeal. Appeal dismissed with costs. Tilley K.C. and S.C. Wood for the appellant. J.H. Moss K.C. and C.C. Robinson for the respondent. [1] 43 Ont. L.R. 330.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

43 Ont. L.R. 330 (Appellate Division)

Case cited

(1919) 59 S.C.R. 643

Case cited

Canada Shipping Act, R.S.C. 1906 c.113 s.964

Legislation

Legislation referenced in the available case record.

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