Canastrand Industries Ltd v The Ship “Lara S” and Others - Federal Court of Appeal (Desjardins, Letourneau and Chevalier JJA) - 4 November 1994

Carriage of goods by sea - Title to sue - Sufficiency of packing - Proper law of contract of carriage - Evidence of foreign law - Who was the “carrier” under the bill of lading - Whether defendants liable in tort - Measure of damages

The plaintiff purchased a quantity of baler twine from the shipper on C & F terms. The twine was loaded onto the vessel Lara S in Brazil for discharge at Toronto. The twine was found to be damaged on discharge. The plaintiff sued the vessel, the shipowners and the charterers. There were issues inter alia as to the plaintiff’s title to sue, as to whether the damage was caused by insufficiency of packing, as to the applicable law of the contract of carriage, as to who was the “carrier” under the bill of lading, as to whether there was liability in tort in any event, and as to the measure of damages.