Kanematsu GMBH v. Acadia Shipbrokers Ltd.
T-877-96
Dubé J.
18/2/99
9 pp.
Motion for order granting plaintiff summary judgment against defendants-Plaintiff seeking declaration defendants liable to it for having induced owners of M.L. Lark, Bulklark Shipping Company, to breach contractual, legal obligations towards it by discharging, delivering cargo of 6,368.200 metric tons of steel billets to Nicco Industry Co. Ltd. at Bangkok without requiring presentation, surrender of originals of bill of lading issued by Bulklark in respect of carriage of cargo from Odessa to Bangkok-Plaintiff owner of cargo, also holder for value of bill of lading issued by owners of M.L. Lark in respect of carriage of cargo from Odessa to Bangkok-Plaintiff selling cargo to Nicco-Purchase price to be paid by way of letter of credit-Nicco neither causing bank to issue letter of credit nor paying plaintiff for cargo-Under r. 216, Court shall grant summary judgment where satisfied no genuine issue for trial-As carrier of cargo, defendants had legal obligation to insure cargo not released save against surrender of originals of bill of lading-Cargo released to Nicco without requiring presentation, surrender of said bill of lading-Defendants inducing owners of vessel to part with cargo without securing bill of lading-Absence of bill of lading not satisfactorily accounted for-Defendants parting with possession of cargo at own risk, to prejudice of plaintiff-No genuine issue for trial-Motion allowed-Federal Court Rules, 1998, SOR/98-106, r. 216.