S/S Steamship Co. Ltd. (Judgment Creditor) v. Eastern Caribbean Container Line S.A. (Judgment Debtor) and Brunswick International Seafoods Ltd. (Garnishee) - Federal Court of Canada (Dude J.) - 19 July 1985

Garnishee proceedings - Whether garnishee can set off as against judgment creditor damages due to delay against freight owing to judgment debtor under bill of lading.

Brunswick sold perishable goods to a buyer in Haiti. Eastern undertook to carry the goods from Saint John, New Brunswick to Port-au-Prince, Haiti. The delivery date was 1 June 1984. The goods were actually delivered on 26 June 1984. The buyers accepted them subject to a downward adjustment in price which exceeded the freight payable to Eastern under the bill of lading. Brunswick therefore claimed to owe Eastern nothing and wished to set up that defence against the judgment creditor.