Kruger Inc. and another v. Naviera Lavinel C.A. (The Maria Elena) - Fed.Ct. (Trial Div.) (Dube J.) - 24 September 1987

Cargo shipped under two separate bills of lading - Claim filed in respect of cargo damage under one bill - Whether plaintiff can amend claim after expiry of limitation period to include claim for damages to cargo shipped under the other bill

The plaintiff cargo owners claimed damages from the defendant shipowners for alleged damage to a cargo of 717 reels of newsprint loaded on board the vessel Maria Elena pursuant to bill of lading number 2 issued at Montreal on 12 December 1986 and the contract of carriage was governed by Article III, rule 6 of the Carriage of Goods by Water Act, which provided: