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Canada decisions
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The Supreme Court of Canada held that, in admiralty, interest on cargo damage could run from the date the cargo should have been delivered, and affirmed the Registrar’s report.
The Supreme Court of Canada allowed recovery for loss of use after a collision, holding that a charterparty indemnity clause preserved the owner’s provable loss despite hire payments.
The Supreme Court of Canada held that maritime liability limitation for a tug and tow was to be calculated on the combined tonnage of both vessels.
The Supreme Court of Canada held that a single sale of ship equipment for four shipsets created an indivisible privilege under Quebec Civil Code art. 2383.
The Supreme Court of Canada dismissed a cargo-damage appeal, holding the carrier failed to prove the loss resulted from perils of the sea under the Water Carriage of Goods Act, 1936.
The Supreme Court of Canada held that a qualified bill of lading did not estop the carrier from proving damaged sugar was already in poor condition, and dismissed the claim.
Appeal over cargo loss from fire on the Anglo Indian. The Court held the ship was unseaworthy but that the owners had used due diligence, so they were not liable.
Collision in dense fog on the St. Lawrence. The Supreme Court restored the trial finding that both ships were at fault and upheld the 75/25 apportionment.
The Supreme Court of Canada held that the carrier failed to prove a peril of the sea or discharge the statutory burden under the cargo-exception clause.
On appeal from the Exchequer Court, the Supreme Court held the appellants bore the burden of proving compliance with a bond under the Inland Revenue Act and failed to do so.
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