Canadian S.S. Lines v. Grain Growers Export Co.
- Citation
- (1919) 59 SCR 643
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 6 May 1919
- 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
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 6 May 1919
- 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
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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. WoodGrain Growers Export Co.
Respondent Counsel: J.H. Moss K.C.; C.C. Robinson03
Procedural history
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
- 01
Whether the defendants were relieved from liability under s.964 of the Canada Shipping Act
- 02
Whether the barge was seaworthy at the outset of the voyage
- 03
Whether the contact with the dock was evidence of carrier fault or unseaworthiness
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 6 May 1919
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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