Canadian General Electric Co. Ltd. v. Pickford & Black Ltd., (1970) 2 N.S.R.(2d) 497 (SCC)

• Judge: Abbott, Judson, Ritchie, Spence and Pigeon, JJ.
• Court: Supreme Court (Canada)
• Case Date: June 01, 1970
• Jurisdiction: Canada (Federal)
• Citations: (1970), 2 N.S.R.(2d) 497 (SCC);[1971] SCR 63;1970 CanLII 130 (SCC);1970 CanLII 186 (SCC);64 CPR (2d) 7;2 NSR (2d) 497;[1971] SCR 41;14 DLR (3d) 372;[1970] SCJ No 63 (QL)

General Elect. v. Pickford & Black (1970), 2 N.S.R.(2d) 497 (SCC)

MLB headnote and full text

Canadian General Electric Company Limited v. Pickford & Black Limited

Indexed As: Canadian General Electric Co. Ltd. v. Pickford & Black Ltd.

Supreme Court of Canada

Abbott, Judson, Ritchie, Spence and Pigeon, JJ.

June 1, 1970.

Summary:

Supreme Court of Canada allowed the appeal and reversed the judgment of the Exchequer Court and restored the trial judge's decision which held a stevedoring company liable to the plaintiff for damage to a ship's cargo which was defectively stowed.

Supreme Court of Canada held that the stevedoring company was responsible for the proper stowage of the plaintiff's cargo and that the cargo was not adequately secured for normal conditions. The cargo consisting of heavy equipment was stowed in a ship which sailed from Halifax for Ghana and in less than 48 hours after the ship took to sea the cargo shifted. The weather during the 48 hour period was described as benign.

Supreme Court of Canada held that the defendant stevedoring company was not entitled to the benefit of the limitation of liability as set out in the Water Carriage of Goods Act. The court stated the act applied to contracts of carriage and did not apply to the stevedoring company because the stevedoring company was not a party to the contract between the owner of the goods and the owner of the ship.

Shipping and Navigation - Topic 2397

Carriage of goods - Loading, delivery and stowage - Defective stowage - Cargo damage - Negligence - Shifting of cargo at sea caused damage to cargo - Supreme Court of Canada held stevedoring company liable for damage to a ship's cargo which was defectively stowed.

Shipping and Navigation - Topic 2397

Carriage of goods - Loading, delivery and stowage - Defective stowage - Admiralty - Cargo damage - Negligence - Shifting of cargo at sea caused damage to cargo - Supreme Court of Canada held stevedoring company liable for damage to a ship's cargo which was defectively stowed.

Cases Noticed:

Midland Silicones v. Scruttons Limited, [1962] A.C. 446, folld.

Statutes Noticed:

Water Carriage of Goods Act, R.S.C. 1952, c. 291, Article IV, rule 5 of Schedule.

Counsel:

F.O. Gerity, Q.C., and G.S. Black, Q.C. for the appellant;

Donald D. Anderson, and William M. Kydd, for the respondent.

The judgment of the Court was delivered by Ritchie, J.