The Owners and All Others interested in the Ship “Mercury XII” and Others v The Owners and All Others interested in the Barge “MLT-3” and Others – Fed Ct of Appeal (Evans, Dawson and Stratas JJA) – 10 April 2013

Carriage of goods by sea – Contract relating to transportation of truck on barge by water in Canada – Truck toppling off barge – Truck owner suing owners and master of tug in negligence – Whether Hague-Visby Rules applied to contract – Whether action subject to one-year time-bar – Marine Liability Act 2001, section 43(2)

Brian White (Mr W) was building a house on Gambier Island in Howe Sound, north of Vancouver, and needed to have building materials transported from the mainland to the construction site.