MARITIME LAW |
Carriage of Goods |
Samuel, Son & Co. Ltd. v. Kapitonas Gudin (The)
T-1597-95
2002 FCT 101, Lemieux J.
29/1/02
23 pp.
Action concerning maritime cargo claim to 266 cold-rolled galvanized steel coils out of shipment of 279, governed by Hague-Visby Rules--Shipment carried from Latvia to Montréal in January/February 1995 on board Kapitonas Gudin--Applicable law set out in Nova Steel Ltd. v. Kapitonas Gudin (The), [2002] F.C.J. No. 121 (QL)-- Following notation on bill of lading: "Rust stained; Wet before shipment"--When cargo holds opened in Montréal, all coils wet, tank tops holding some water--Counsel for defendants argued galvanized coils damaged goods before loading on board Kapitonas Gudin and coils did not deteriorate by any action of carrier--Also argued, as to damages, allowances not proof of loss to plaintiff--Action allowed--Applying Francosteel Corp. v. Fednav Ltd. (1990), 37 F.T.R. 184 (T.D.), plaintiff has not discharged initial burden of establishing prima facie that cargo tendered to Kapitonas Gudin in good condition--Nevertheless, convincing evidence cargo damaged by rust staining--In Nova Steel, cargo owner had made out presence of sea water or sea salt in holds of Kapitonas Gudin during voyage--Much of that evidence applying to cargo of galvanized cold-rolled steel coils--Balance of probabilities supporting conclusion sea water entered hatches during severe storm--Evidence leading to conclusion of negligence and unseaworthiness on part of Kapitonas Gudin--Kapitonas Gudin entirely responsible as defendants made no proof to separate damage --Hague-Visby Rules, being Schedule of Carriage of Goods by Water Act, R.S.C., 1985, c. C-27.