Miida Electronics Inc. v. Mitsui OSK Lines Ltd. and ITO - International Terminal Operators Ltd. - Federal Court of Appeal (Pratte and Le Dain JJ. and Lalande D.J.) - 22 May 1981

Bills of Lading - Whether “Himalaya Clause” protected third party stevedoring firm from liability for negligence

The respondents ITO were a stevedoring firm. The respondents Mitsui were shipowners. Both respondents were in a contractual relationship whereby ITO agreed to load and discharge all Mitsui’s vessels and supply terminal services at the Port of Montreal.