Lloyd's Maritime and Commercial Law Quarterly
Canadian Maritime Law
William Tetley * and Carl Dholandas
CASES
18. American Transport Logistics v. Kobi Group Inc1
Carriage of goods—liability for storage and detention charges
The plaintiff (American Transport Logistics, a freight forwarder) was the carrier of a consignment of five containers of beverages from Hamburg, Germany to Kingston, Jamaica for Defendant (Kobi Group Inc and Kawal Kohli—international importers and exporters of commercial goods for resale). The defendant instructed the plaintiff to change the port of delivery to St Lucia. Upon arrival, it was found that the containers of beverages had “passed their expiry date”. St Lucia authorities denied entry, condemned the cargo, and applied storage/detention charges. The plaintiff brought a motion for summary judgment against the defendant. The principal issue was whether the defendant’s refusal to pay storage/detention charges was justified. The defendant alleged that the plaintiff had acted without instructions and that the consignee to whom the defendant had sold the cargo should be responsible for the charges.
Decision: Judgment was granted in accordance with the relief sought. The court ordered the defendant to pay the plaintiff US$23,804 in storage/detention charges, and costs of Can$9,750.
Held: (1) The evidence did not support the defendant’s assertion that the plaintiff acted without instructions. The contract between the parties stated that, if delivery was not taken, the plaintiff could store the goods at the defendant’s sole expense and risk, and that the defendant was also responsible for all freight, duties, taxes, charges or other expenses in connection with the cargo. (2) The Hague-Visby Rules, Art IV(2) provided that the carrier was not responsible for loss or damage resulting from seizure or quarantine. (3) In consequence, the defendant was responsible for payment of the storage/detention charges.
19. Frugoli v. Services Aériens des Cantons de l’Est Inc2
Drowning in Quebec lake—federal or provincial delay for suit—discretion to extend the delay
Two persons drowned when the boat in which they were passengers capsized on the navigable inland waters of Lake Louis in the north of the Province of Quebec. Suit was
* CM, QC, LLL, Professor of Law, McGill University.
1. 2009 CanLII 65798 (ON SC).
2. 2009 QCCA 1246.
CANADIAN MARITIME LAW
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