Canusa Systems Ltd. v. Canmar Ambassador ( The )
T-459-95
Dubé J.
16/2/98
8 pp.
Plaintiffs, owners of shipment of heat shrunk tubing, seek summary judgment against Leman USA Inc. and Leman Limited, as freight forwarders of those goods, for damage by wetting while carried in ocean container from Bradford, England to Chicago, Illinois, with discharge in Montréal, Canada-Shipment of cargo arranged under clean Canada maritime bill of ladings-Under Clause 2.1 of bill of lading, freight forwarder assumes liability as set out in conditions-Clause 6(A)(1) providing freight forwarder liable for loss of, damage to goods occurring between time when he takes goods in charge and time of delivery-Plaintiffs submitting Leman's defence does not present genuine issue for trial other than amount to which plaintiffs entitled-General principles pertaining to summary judgment summarized in Granville Shipping Co. v. Pegasus Lines Ltd., [1996] 2 F.C. 853 (T.D.)-Counsel for Leman relying on one of principles to invite Court to decline summary judgment as necessary facts cannot be found and it would be unjust to do so-Facts already admitted by Leman in defence coupled with bill of lading sufficient to grant summary judgment against freight forwarders-Loss, damage can be established in absence of plaintiffs-Summary judgment awarded in favour of owners as against freight forwarders as no genuine issue to be tried between them.