Mitsui & Co. (Canada) Ltd. v. Y.O.W. Shipping Co. S.A. and others (The Pacific Clipper) - Supreme Ct. of British Columbia (Preston J.) - 4 November 1991

Cargo damage sustained from different causes - Difficulty in ascertaining how much damage resulted from each cause - Approach of court

The trial judge found that the cargo had been damaged partly as a result of improper handling during discharge, and partly by insufficiency of packing. The cargo owners submitted that it was incumbent on the carrier to show what portion of the damage was due to improper handling and what portion was due to insufficiency of packing; otherwise the carrier would have to bear the whole of the loss.