MARITIME LAW |
Carriage of Goods |
American Risk Management Inc. v. APL Co. Pte. Ltd.
T-2429-98
2002 FCT 1023, Lafrenière P.
30/9/02
11 pp.
Cargo of mattress fabric, carried by truck, sea, rail, found damaged allegedly by mould, saltwater contamination when opened in Toronto--Damage not apparent when shipped or received--Question who bears burden of proof: plaintiffs claiming it only need prove goods undamaged when delivered to defendant carrier and received damaged; burden then on defendant to establish damage not due to its negligence-- Defendant claiming plaintiffs have not made case and no evidence damage caused while goods in defendant's possession--Where damage to cargo alleged to have been caused by carrier, burden and order of proof will shift depending on facts; carrier prima facie liable if goods received under clean bill of lading and bad order receipts on delivery--Although clean bill of lading issued, only on appearance of good condition; not possible to ascertain actual condition because of packaging--Claimant must first prove delivery in good order by means other than bill of lading itself where damage not discoverable upon reasonable examination before onus shifts to defendant--Plaintiffs failing to prove cargo delivered to defendant in good condition--Conclusions on expert testimony indicate damage not caused by seawater--Action dismissed.