Doman Forest Products Ltd. v. Arctic Hooper (Ship)

Doman Forest Products Ltd. v. Arctic Hooper (Ship)

The contract allocated loading and lashing to Doman and the barge damage was caused principally by Doman's improper loading and inadequate lashings; Sea-Link did not breach its seaworthiness obligation nor causatively contribute to the loss by the master's conduct; under Hague-Visby Rules Article 4(2)(i) the loss is attributable to the shipper; liability is apportioned 60% to Doman and 40% to Sea-Link.

Citation
2003 FCT 712
Parties
Plaintiff by Counterclaim: Sea-Link Marine Services Ltd.; Plaintiff by Counterclaim: Union Tug and Barge Ltd.; Plaintiffs by Counterclaim: Owners and all others interested in the ships 'ARCTIC HOOPER' & 'SEA-LINK YARDER'; Defendant by Counterclaim: Doman Forest Products Limited
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 June 2003
Procedural Posture
Admiralty Action in Rem / Trial Judgment (reasons for Order and Order)
Outcome
Action allowed in part. Plaintiffs by Counterclaim recover 60% of agreed damages; no recovery for loss of use; prejudgment interest awarded at 4% per annum; costs apportioned 60% to Plaintiffs by Counterclaim and 40% to Defendant by Counterclaim; parties to make submissions on post-judgment interest.
Legal Topics
Seaworthiness, Cargoworthiness, Stowage and Lashing, Hague Visby Rules, Contractual Allocation of Loading Obligations, Apportionment of Liability, Loss of Use, Burden of Proof
Source Language
English
Admiralty/maritime Law Carriage of Goods by Sea Contract Law Tort Negligence Evidence Expert Testimony Seaworthiness Cargoworthiness Stowage and Lashing +5 more

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Parties

Sea-Link Marine Services Ltd.

Plaintiff by Counterclaim

Union Tug and Barge Ltd.

Plaintiff by Counterclaim

Owners and all others interested in the ships 'ARCTIC HOOPER' & 'SEA-LINK YARDER'

Plaintiffs by Counterclaim

Doman Forest Products Limited

Defendant by Counterclaim

Procedural Posture

Admiralty Action in Rem / Trial Judgment (reasons for Order and Order)

Legal Issues

  1. 1 Who is liable for damage to the barge caused by cargo shift?
  2. 2 Whether carrier breached seaworthiness/cargoworthiness obligations
  3. 3 Whether contractual allocation of loading/lashing to shipper shifts liability

Ratio Decidendi

The contract allocated loading and lashing to Doman and the barge damage was caused principally by Doman's improper loading and inadequate lashings; Sea-Link did not breach its seaworthiness obligation nor causatively contribute to the loss by the master's conduct; under Hague-Visby Rules Article 4(2)(i) the loss is attributable to the shipper; liability is apportioned 60% to Doman and 40% to Sea-Link.

Court Disposition

Action allowed in part. Plaintiffs by Counterclaim recover 60% of agreed damages; no recovery for loss of use; prejudgment interest awarded at 4% per annum; costs apportioned 60% to Plaintiffs by Counterclaim and 40% to Defendant by Counterclaim; parties to make submissions on post-judgment interest.

Orders

  • Plaintiffs by Counterclaim entitled to recover 60% of agreed damages totalling C$132,741.23
  • No recovery for loss of use of the barge