Canadian International Paper Co. and anr. v. The Ship Manchester Concorde and ors. - (Fed.Ct.) (Dube J.) - 28 August 1981

Stevedores not protected by Himalaya clause

The plaintiff cargo owners contracted with N Ltd. to carry a cargo of wood pulp from Montreal to Liverpool. N Ltd. arranged with the defendant stevedores to load the cargo at their Quebec City terminal. On 21 January 1977 a fire broke out at the terminal damaging the cargo. The judge found that the fire was caused as a result of the stevedores’ negligence. The question was whether they could benefit from any of the exceptions or limitations under the Himalaya clause of the bill of lading contract between the plaintiffs and N Ltd.