C.N. Marine Inc. v. Carling O’Keefe Breweries of Canada and others (The Newfoundland Coast - Federal Court of Appeal (Iacobucci C.J., Stone & Heald JJ.A.) - 21 December 1989

Carriage of goods by sea - Containers of beer lost at sea - Demise clause - Hague Rules Defences - Package limitation

This case concerned a cargo of beer in cans which was lost at sea whilst being shipped on board the vessel Newfoundland Coast . The cases of beer were in containers which had been picked up by the shipper from the time charterer’s premises and taken to the shipper’s warehouse where they were stuffed by the shipper with the cases of beer. In the office of the warehouse supervisor was kept a pad of the time charterer’s blank forms of bill of lading. The supervisor completed one of the forms by inserting “St. John’s” as the place where the goods were received, the date of their receipt, the name of the shipper, the name of the consignee, and the destination and particulars of the goods.