Digests

Maritime Law

Carriage of Goods

Appeal from Federal Court decision ([2009] 2 F.C.R. 496) answering four questions raised in action for damages resulting from loss of logs transported on deck of barge—Federal Court determining insurer precluded from asserting subrogated claim against all parties—Appellant selling, exporting logs—Respondents including purchaser, time charterer of tug, barge from which cargo lost, owners of tug, barge, employees—Appellant’s marine cargo insurance contract containing general waiver of subrogation —Also expressly waiving subrogation against persons against whom appellant had waived right of recovery before loss or damage—Bill of lading, as part of contract of carriage, indicating all goods carried on deck at shipper’s risk, referring to specific clause—Clause read in light of contractually defined terms; in conjunction with other clause entitled “Beneficiary of Contract”—Bill of lading defining “carrier” as including “ship, shipowner, operator”, etc.—When clauses read together, “carrier” including barge, tug, respective owners thereof, owners’ employees—Such persons within definition of “carrier” entitled, to “all defences” of carrier under bill of lading—Appellant clearly waived right to make claim against all named respondents for loss of cargo of logs—Appeal dismissed.

Timberwest Forest Corp. v. Sea Commander (The) (A-363-08, 2009 FCA 119, Sharlow J.A., judgment dated April 17, 2009, 17 pp.)