Timberwest Forest Corporation v Pacific Link Ocean Services Corporation and Ors (The “Sea Commander” and “Ocean Oregon”) – Federal Court of Appeal (Décary, Sharlow and Ryer JJA) – 17 April 2009

Carriage of goods by sea – Cargo of logs lost overboard – Cargo insured under policy containing waiver of subrogation provision in favour of carrier – Cargo owners bringing subrogated claim against carrier and other defendants – Whether contract of carriage governed by Hague-Visby Rules – Whether cargo “goods” within meaning of Rules – Whether carrier entitled to rely on waiver of subrogation clause in insurance policy

In 2003 Timberwest agreed to sell a quantity of logs to Harwood Products Inc. Harwood arranged for transportation to Eureka, California, at its own expense. Title and risk remained with Timberwest until payment, which was not due until delivery.