DE WOLF MARITIME SAFETY BV V TRAFFIC-TECH INTERNATIONAL INC

2017 FC 23, Federal Court of Canada, The Honourable Madam Justice St-Louis, 11 January 2017

Carriage of goods by sea - Deck carriage - Containerised goods carried on deck - Bill of lading silent as to deck carriage - Whether carrier entitled to limit liability under Hague-Visby Rules - Deviation - Schedule 3 of the Marine Liability Act, SC 2001, c 6

De Wolf was the owner and consignee of a shipment described as "One piece zodiac and Spare Parts", shipped on board the vessel Cap Jackson in Vancouver for delivery to Rotterdam. The container was carried under a bill of lading issued by Traffic-Tech, which made no mention of on-deck carriage. The container was carried on deck and was in the course of the voyage washed overboard and lost. The two questions of law before the court were: (1) Did the undeclared on-deck carriage of the cargo under the bill of lading prevent the defendant from relying on the Hague-Visby Rules? and (2) If it did not, what were the limitations applicable to the contract of carriage pursuant to the Hague-Visby Rules?