Canadian General Electric Co. Ltd. v. Pickford & Black Ltd.

Canadian General Electric Co. Ltd. v. Pickford & Black Ltd.

When Admiralty jurisdiction is invoked and damages and interest are referred to the Registrar by order, Admiralty practice governs: interest may be awarded as part of damages running from the time the injury occurred (or when the cargo should have been delivered). The Registrar's award of interest from the delivery date was within Admiralty practice and the referral order was binding, so the motion to vary the Registrar's report must be dismissed and the Registrar's report affirmed.

Citation
[1972] SCR 52
Parties
Appellant/plaintiff: Canadian General Electric Co. Ltd.; Respondent/defendant: Pickford & Black Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 April 1971
Procedural Posture
Admiralty Appeal (shipping/cargo Damage) / Appeal to Supreme Court of Canada From Exchequer Court; Motion to Vary Registrar's Report Following Reference to Registrar
Outcome
Appeal allowed; motion to vary Registrar's report dismissed; Registrar's report affirmed
Legal Topics
Damages to Cargo, Interest on Damages, Registrar Reference, Court Jurisdiction, Equitable Jurisdiction in Admiralty
Source Language
English
Admiralty Shipping Tort Civil Procedure Remedies Damages to Cargo Interest on Damages Registrar Reference +2 more

Case Brief

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Parties

Canadian General Electric Co. Ltd.

Appellant/plaintiff

Pickford & Black Limited

Respondent/defendant

Procedural Posture

Admiralty Appeal (shipping/cargo Damage) / Appeal to Supreme Court of Canada From Exchequer Court; Motion to Vary Registrar's Report Following Reference to Registrar

Legal Issues

  1. 1 Whether interest on damages to cargo runs from date of injury/delivery or from date of the Registrar's report
  2. 2 Whether a Registrar has power to award interest when the claim is framed as 'damages to the goods'
  3. 3 Whether an unappealed court order referring items to the Registrar can be ignored by a later court

Ratio Decidendi

When Admiralty jurisdiction is invoked and damages and interest are referred to the Registrar by order, Admiralty practice governs: interest may be awarded as part of damages running from the time the injury occurred (or when the cargo should have been delivered). The Registrar's award of interest from the delivery date was within Admiralty practice and the referral order was binding, so the motion to vary the Registrar's report must be dismissed and the Registrar's report affirmed.

Court Disposition

Appeal allowed; motion to vary Registrar's report dismissed; Registrar's report affirmed

Orders

  • Dismiss the motion to vary the Registrar of the Nova Scotia Admiralty District report dated May 13, 1969
  • Affirm the Registrar's report awarding interest from the date when the cargo should have been delivered