| Citation: |
H. Paulin & Co. Ltd. v. A Plus Freight Forwarder Co. Ltd., 2009 FC 727, [2009] 4 F.C.R. D-4 |
T-1340-07 |
Maritime Law
Contracts
Action wherein Scanwell Logistics Ltd. claiming unpaid freight from H. Paulin Co. Ltd. for carriage of goods by sea and by rail—Meaning of term “freight prepaid” notation on bills of lading, similar receipts—Relationships between parties complex, involving three distinct contracts of affreightment—H. Paulin, shipper, purchaser of cargo, hired A Plus, who hired Scanwell, who in turn hired Orient Overseas Container Line—H. Paulin not liable to Scanwell, statement freight prepaid limiting Scanwell’s recourse to in personam claim against A Plus—Scanwell also making claim on quantum meruit basis—Overall contract including obligation of shipper to pay freight—That contract clearly stating freight prepaid—Quantum meruit not applicable as H. Paulin not unjustly enriched—Counterclaim dismissed.
H. Paulin & Co. Ltd. v. A Plus Freight Forwarder Co. Ltd. (T-1340-07, 2009 FC 727, Harrington J., judgment dated July 16, 2009, 22 pp.)