United Tire & Rubber Co. v. Transco Shipping Inc. and Botoco Inc., (1994) 88 F.T.R. 12 (TD)

• Judge: Richard, J.
• Court: Federal Court (Canada)
• Case Date: October 31, 1994
• Jurisdiction: Canada (Federal)
• Citations: (1994), 88 F.T.R. 12 (TD)

United Tire v. Transco Shipping Inc. (1994), 88 F.T.R. 12 (TD)

MLB headnote and full text

United Tire & Rubber Co. Ltd. (plaintiff) v. Transco Shipping Inc. and Botoco Inc. (defendants)

(T-709-94)

Indexed As: United Tire & Rubber Co. v. Transco Shipping Inc. and Botoco Inc.

Federal Court of Canada

Trial Division

Richard, J.

November 1, 1994.

Summary:

The plaintiff shipped two containers of tires from Rexdale, Ontario per ocean vessel c/o Transco Shipping for export to Havana, Cuba. The plaintiff alleged that the goods were shipped from Rexdale and carried to Montreal by truck and stored in the yard of Botoco Inc., where they were stolen. The plaintiff sued Transco Shipping and Botoco Inc. for its losses. Transco Shipping Inc. applied for an order that the court lacked jurisdiction and for an order dismissing the claim.

The Federal Court of Canada, Trial Division, dismissed Transco's application.

Courts - Topic 4024

Federal Court of Canada - Jurisdiction - Trial Division - Navigation and shipping - The plaintiff shipped tires from Rexdale, Ontario, per ocean vessel c/o Transco Shipping for export to Cuba - The goods were trucked from Rexdale to Montreal and stored in the yard of Botoco Inc., where they were stolen - The plaintiff sued Transco and Botoco - Transco claimed that the court lacked jurisdiction - The Federal Court of Canada, Trial Division, held that there was a "through bill of lading" for ocean carriage and the court had jurisdiction under the Federal Court Act, s. 22(2)(f) - The method of carriage did not detract from the fact that it was contemplated that the contract with Transco would hold through to final destination.

Shipping and Navigation - Topic 1942

Carriage of goods - Bills of lading - What constitute - [See Courts - Topic 4024 ].

Cases Noticed:

Simpson (Robert) Montreal Ltd. v. Hamburg-Amerika Linie Norddeutscher et al., [1973] 2 F.C. 1356; 1 N.R. 158 (F.C.A.), refd to. [para. 4].

Watt & Scott Inc. v. Chantry Shipping S.A. et al. (1987), 11 F.T.R. 242 (T.D.), refd to. [para. 4].

Statutes Noticed:

Federal Court Act, R.S.C. 1985, c. F-7, sect. 22(2)(f) [para. 4].

Federal Court Rules, rule 401(c) [para. 7].

Counsel:

Andrea J. Sterling, for the plaintiff;

Howard Berger, for the defendant, Transco Shipping Inc.

Solicitors of Record:

Cassels, Brock & Blackwell, for the plaintiff;

Lebovics, Cytrynbaum, Peizler, for the defendant, Transco Shipping Inc.

This matter was heard in Montreal, Quebec, on October 31, 1994, before Richard, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on November 1, 1994.