Paterson Steamships Ltd v Canadian Co-operative Wheat Producers Ltd
| Jurisdiction | UK Non-devolved |
| Judgment Date | 26 July 1934 |
| Date | 26 July 1934 |
| Court | Privy Council |
Judicial Committee of the Privy Council
Lords Atkin, Tomlin, Macmillan, Wright and Sir Lancelot Sanderson
Paterson Steamships Limited v. Canadian Co-operative Wheat Producers Limited
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Canadian Water Carriage of Goods Act, 1910 (9 & 10 Edw. 7, c. 61, R. S. C.).
Canada — Quebec — Ship
Decision of the Court of King's Bench for the Province of Quebec (Appeal side) affirmed.
524 ASPINALL'S MARITIME LAW CASES. Priv. Co.] Paterson Steamships v. Canadian Co-operative Wheat Producers. [Priv. Co. Judicial Committee of the priby Council. July 6, 9,10, and 26, 1034 (Present: Lords Atkin, Tomlin, Macmillan, Wright and Sir Lancelot Sanderson.) Paterson Steamships Limited v. Canadian Co-operative Wheat Producers Limited. (a) ON APPEAL FROM THE COURT OF KING'S BENCH fOR THE PROVINCE OF QUEBEC (APPEAL SIDE). Canada - Quebec - Ship - Cargo - Loss by stranding - Unseaworthiness of ship - Fault or privity of owners - Canadian Water Carriage of Goods Act, 1910 (9 & 10 Edw. 7, c. 61, R. S. C). The Canadian Water Carriage of Goods Act, 1910, provides: Sect. 7 :" The ship, the owner, charterer, agent or master shall not be held liable for loss arising from fire, dangers of the sea or other navigable waters, acts of God or public enemies . . . or for loss arising without their actual fault or privity, or without the fault or ??lect of their agents, servants or employees. In an action brought by cargo owners against the owners of the ship carrying the cargo, claiming damages for the loss of and damage to their cargo of grain, the ship was found to be unseaworthy, in that the grain cargo was loaded in bulk and without shifting boards, and that this unseaworthiness was the cause of the loss, so as to render the shipowners liable under the above section. In an appeal by the shipowners, Held, that the finding of unseaworthiness must necessarily involve some ?? or failure within the meaning of sect. 7. Hence the appellants could not avail themselves of the exception of dangers of the seas, though these dangers causea the loss, because they could not show in respect of the unseaworthiness which was the real cause of the loss, that it existed under conditions entitling them to the benefit of the general words of exception at the end of the section. Decision of the Court of King's Bench for the Province of Quebec (Appeal side) affirmed. Appeal from a decision of the Court of King's Bench for the Province of Quebec (Appeal side) dismissing the defendants' appeal from the judgment of the Superior Court of the District of Montreal, delivered on the 31st May, 1032, by Philippe Demers, J. The plaintiffs' claim in the action was in respect of loss of and damage to a cargo of wheat and barley occasioned by the stranding of the defendants' steamship Sarniadoc in shallow water near Main Duck Island at the Eastern end of Lake Ontario. After the stranding of the Sarniadoc a portion of her cargo was salved and the plaintiffs' original claim in the action amounted to the sum of $83,029.03. The learned trial judge gave judgment in favour of the plaintiffs for the sum of $70,91??.44 with interest from the 14th Jan., 1931, and costs. This judgment was affirmed on the 29th March, 1933, by the Court of King's Bench for the Province of Quebec (Tellier, C.J., and Dorion, Rivard. Letouineau, JJ.; Bond, J. dissenting). The facts are fully stated in their Lordships' judgment. Paterson Steamships Limited appealed. A. T. Miller, K.C.,G. St. Clair Pilcher, and Lynch Staunton (of the Canadian Bar) for the appellants. D. N. Prilt, K.C. and C. Russel McKenzie, K.C. (of the Canadian Bar) for the respondents. The judgment of their Lordships was delivered by Lord Wright. - The appellants were sued as the owners of the steamship Sarniadoc, which on the. 29th Nov., 1929, stranded at Main Duck Island at the eastern end of Lake Ontario and became practically a total loss : the respondents sued as owners of a parcel of wheat and barley, being part cargo of the Sarniadoc when she stranded, and in the action claimed damages in respect of the loss of the grain consequent on the stranding. The respondents have succeeded before the trial judge and before the Court of King's Bench (in Appeal) for the Province of Quebec, Bond, J. dissenting. The appellants now appeal. No question of amount need here be considered. The respondents' parcel had been transhipped at Port Colborne and was being carried under the terms of a bill of lading which contained the clause " This shipment is subject to all the terms and conditions and all the exemptions from liability contained in the Water Carriage of Goods Act," that is the Canadian Act of 1910 so entitled ; it will accordingly be necessary to consider the provisions of that Act in relation to the facts of the case. The Sarniadoc was only partially loaded, her actual draft being about 14ft., as compared with a fully loaded draft of 15ft. 6in. She had two holds, which cannot have been full of groin. She was bound to Montreal, where it was intended to keep the grain in the holds over the winter. She came out of the Well and Canal at Port Dalhousie and entered Lake Ontario at 2.15 p.m. on the 29th Nov., 1929. The master was at first apprehensive of the ASPINALL'S MARITIME LAW CASES. 525 Priv. Co.] Paterson Steamships v. Canadian Co-operative Wheat Producers. [Priv. Co. weather, and thought it was more prudent to take a...
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...whether a carrier has exercised due diligence to make a ship seaworthy is primarily a question of fact. (See Paterson Steamships Ltd. v. Canadian Co-operative "wheat Producers Ltd… 1934 Appeal Cases, pp.538, 543). It must depend upon the particular features and circumstances of each particu......
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