ITO - International Terminal Operators Ltd. v. Miida Electronics Inc. and Mitsui OSK Lines - Supreme Court (Dickson C.J. and Beetz, Estey, McIntyre, Chouinard, Lamer and Wilson JJ.) - 26 June 1986

Whether “Himalaya Clause” protects stevedores in respect of goods stolen after discharge

A cargo of electronic calculators was carried in a vessel owned by Mitsui from Japan to Montreal. The owners of the goods were Miida. The goods arrived in Montreal and were picked up by ITO, a cargo handling or stevedoring company and terminal operator. A few days later, thieves broke into the terminal transit shed operated by ITO where the goods were stored, and stole most of the calculators.