Aris Steamship Co. Inc. v. Associated Metals & Minerals Corporation

Aris Steamship Co. Inc. v. Associated Metals & Minerals Corporation

Where a time charter is not a demise and the charterparty retains navigation and possession with the owner, absent a charterer undertaking to the contrary the owner remains the carrier and is liable on bills of lading signed by the master; the Federal Court properly had jurisdiction under s.22(2)(i) as interpreted in Tropwood.

Citation
[1980] 2 SCR 322
Parties
Appellant; Shipowner; Defendant in the Trial Division; Respondent in the Federal Court of Appeal: Aris Steamship Co. Inc.; Respondent; Plaintiff in the Trial Division; Appellant in the Federal Court of Appeal: Associated Metals & Minerals Corporation; Defendant in the Trial Division; Time‑charterer: Worldwide Carriers Limited; Defendant in the Trial Division; Vessel: The Ship Evie W
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 April 1980
Procedural Posture
Maritime Law — Appeal Concerning Carriage of Goods Under Time Charter / Appeal to the Supreme Court of Canada From the Federal Court of Appeal (judicial Review of Trial Judgment on Liability and Jurisdiction)
Outcome
Appeal dismissed with costs; judgment of the Federal Court of Appeal restored.
Legal Topics
Time Charter, Bills of Lading, Carrier Liability, Jurisdiction Under Federal Court Act S.22, Agency of Master, Damages for Delay
Source Language
English
Maritime Law Shipping Law Contract Law Civil Procedure Agency Law Time Charter Bills of Lading Carrier Liability +3 more

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Parties

Aris Steamship Co. Inc.

Appellant; Shipowner; Defendant in the Trial Division; Respondent in the Federal Court of Appeal

Associated Metals & Minerals Corporation

Respondent; Plaintiff in the Trial Division; Appellant in the Federal Court of Appeal

Worldwide Carriers Limited

Defendant in the Trial Division; Time‑charterer

The Ship Evie W

Defendant in the Trial Division; Vessel

Procedural Posture

Maritime Law — Appeal Concerning Carriage of Goods Under Time Charter / Appeal to the Supreme Court of Canada From the Federal Court of Appeal (judicial Review of Trial Judgment on Liability and Jurisdiction)

Legal Issues

  1. 1 Whether the shipowner or the time‑charterer is liable for damages for delay in delivery of cargo
  2. 2 Whether the master/bills of lading created a contract of carriage with the owner or with the charterer
  3. 3 Whether the Federal Court had jurisdiction under s.22(2)(i) of the Federal Court Act to hear the claim

Ratio Decidendi

Where a time charter is not a demise and the charterparty retains navigation and possession with the owner, absent a charterer undertaking to the contrary the owner remains the carrier and is liable on bills of lading signed by the master; the Federal Court properly had jurisdiction under s.22(2)(i) as interpreted in Tropwood.

Court Disposition

Appeal dismissed with costs; judgment of the Federal Court of Appeal restored.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Federal Court of Appeal set aside trial dismissal and affirmed liability of Aris Steamship Co. Inc. to respondent; costs awarded to respondent.