Balfour Guthrie (Canada) Ltd. v. Arrow Transportation Systems Inc., Blue Star Ship Management Ltd. et al.; Empire Stevedoring Co. Ltd., Third Party (The Fremantle Star) - British Columbia Court of Appeal - 27 November 1981.

Whether stevedores liable for cargo damage

266 bundles of wire rod in coils, secured by metal bands, were shipped under a clean ocean bill of lading from Auckland to Vancouver, where they were discharged to dock and scow by stevedores E, and then delivered to the consignee by inland carrier A. All 174 bundles of one particular size and grade, and no others, were found damaged to the extent of $30,696.00. The trial judge found that 45 of these had been damaged during discharge by the stevedores, and the other 129 in handling by the inland carrier. He therefore held both the ocean and inland carriers liable to the cargo-owners, and apportioned liability between them in the ratio of 45/129.