Patterson SS Ltd. v. Aluminum Co. of Can.

Patterson SS Ltd. v. Aluminum Co. of Can.

The time charter did not amount to a demise; the shipowner remained the carrier and was bound by the contract evidenced by the bill of lading signed by the charterers' agents on behalf of the master; the Aluminum Company was the named consignee and, as owner of the goods by consignment, had rights under s.2 of the Bills of Lading Act to sue the shipowner for loss caused by the ship's unseaworthiness.

Citation
[1951] SCR 852
Parties
Appellant (defendant): Paterson Steamships Limited; Respondent (plaintiff): Aluminum Company of Canada Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 October 1951
Procedural Posture
Civil Appeal (maritime) / On Appeal to the Supreme Court of Canada From Court of King's Bench, Appeal Side, Quebec
Outcome
Appeal dismissed with costs.
Legal Topics
Time Charter, Bill of Lading, Consignee Rights, Carrier Liability, Unseaworthiness, Bills of Lading Act S.2
Source Language
English
Transportation Maritime Law Contract Law Tort Time Charter Bill of Lading Consignee Rights Carrier Liability +2 more

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Parties

Paterson Steamships Limited

Appellant (defendant)

Aluminum Company of Canada Limited

Respondent (plaintiff)

Procedural Posture

Civil Appeal (maritime) / On Appeal to the Supreme Court of Canada From Court of King's Bench, Appeal Side, Quebec

Legal Issues

  1. 1 Whether a time charter that is not a demise leaves the shipowner as carrier bound by bills of lading signed by charterers' agents
  2. 2 Whether agents appointed by the charterer could validly sign bills of lading on behalf of the master/owner
  3. 3 Whether the respondent, named as consignee and owner of the goods at consignment, acquired rights under s.2 of the Bills of Lading Act

Ratio Decidendi

The time charter did not amount to a demise; the shipowner remained the carrier and was bound by the contract evidenced by the bill of lading signed by the charterers' agents on behalf of the master; the Aluminum Company was the named consignee and, as owner of the goods by consignment, had rights under s.2 of the Bills of Lading Act to sue the shipowner for loss caused by the ship's unseaworthiness.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.