| Citation: |
Hapag-Lloyd Container Linie GmbH v. Moo Transport & Commodities Inc., 2009 FC 201, [2009] 3 F.C.R. D-15 |
T-826-05 |
Maritime Law
Practice
Motion for summary judgment to dismiss parts of counterclaim—Bill of lading, clause 6 providing for exclusion or forfeiture of right or cause of action in respect of loss or damage to goods, unless suit brought within one year after delivery of goods— Counterclaim filed three weeks after expiry of one-year period—Clause 6 not pleaded in defence to counterclaim, contrary to practice and Federal Courts Rules, SOR/98-106, r. 183—Definition of “pleading” in Rules, r. 2, broad enough to include motion for summary judgment setting out reliance on terms of bill of lading—Giving rise to anomalous situation of limitation defence being properly before Court on motion and potentially successful, but if proceeding to trial and no amended defence to counterclaim, argument of untimeliness would be inadmissible—Motion allowed.
Hapag-Lloyd Container Linie GmbH v. Moo Transport & Commodities Inc. (T-826-05, 2009 FC 201, Hugessen J., order dated February 27, 2009, 12 pp.)