MARITIME LAW |
Carriage of Goods |
Elders Grain Co. v. Carling O'Keefe Breweries of Canada Ltd.
T-1836-90
2003 FC 837, Nadon J.
7/7/03
21 pp.
Action against ship owners for damage to cargo (alfalfa pellets) when fire broke out in hold of Ralph Misener during discharge of cargo--Plaintiffs allege negligence, breach of contract on part of defendants--Defendants counterclaim, arguing cargo dangerous, being of inflammable nature, hence, pursuant to Hague-Visby Rules, Art. IV, para. 6, plaintiffs liable for all damages, expenses incurred by defendants-- Defendants invoke Hague-Visby Rules, Art. IV, para. 2(b) (carrier not responsible for any loss or damage resulting from fire, unless caused by it's actual fault or privity) --Action dismissed; counterclaim allowed--Clean bill of lading not constituting prima facie evidence cargo loaded in good order, condition--On evidence, true cause of loss spontaneous combustion of alfalfa cargo--Cargo of alfalfa pellets dangerous cargo as, if not properly stored, could ignite, cause loss of ship, other cargos--Plaintiffs therefore liable, pursuant to Hague-Visby Rules, Art. IV, para. 6, for loss which they suffered as result of fire--Evidence plaintiffs failed to provide any instructions and/or information to defendants with respect to cargo, more particularly, failed to inform defendants of inflammable nature of alfalfa pellets--Whether shipper's liability stemming from Hague Rules, Art. IV, r. 6 or at common law, liability same--Consequently, plaintiffs liable for all damages, expenses caused to vessel, owners--Carriage of Goods by Water Act, S.C. 1993, c. C-21, Schedule 1, Hague-Visby Rules, Art. IV, s. 6.