ITO-Int'l Terminal Operators v. Miida Electronics

[1986] 1 SCR 752 Court SCC Decision date 1986-06-26 English

PartiesITO—International Terminal Operators Ltd. Appellant·Miida Electronics Inc. Respondent·Mitsui O.S.K. Lines Ltd. Respondent·Miida Electronics Inc. Appellant·ITO—International Terminal Operators Ltd. Respondent

Counsel (6)

David Marler and J. Kenrick Sproule, for ITO—International Terminal Operators Ltd.
Marc Nadon, for Miida Electronics Inc.
Trevor Bishop and Robert Cypihot, for Mitsui O.S.K. Lines Ltd.
Solicitor for ITO—International Terminal Operators Ltd.: David F. H. Marler, Montréal.
Solicitors for Miida Electronics Inc.: Martineau, Walker, Montréal.
Solicitors for Mitsui O.S.K. Lines Ltd.: Brisset, Bishop, Davidson & Davis, Montréal.

Judges Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha

Delivered by Majority

On appeal from Federal Court of Appeal

Subjects Courts Maritime law

Contents

The judgment of Dickson C.J. and Estey, McIntyre and Wilson JJ. was delivered by

THAT Plaintiff Miida Electronics, Inc. ("Miida") was, at all material times herein, the owner of a cargo of 260 [sic] cartons of electronic desk calculators ("the cargo"), each carton containing 2 sets of electronic desk calculators;

THAT Plaintiff Miida is entitled to sue under the contract of carriage;

THAT Defendant Mitsui O.S.K. Lines Ltd's ("Mitsui's") Bill of Lading No. KBMR-0007, dated Kobe, Japan, July 31, 1973, is produced by consent as Plaintiff Miida's Exhibit P-1;

THAT the terms and conditions of Bill of Lading No. KBMR-0007 (Exhibit P-1) constitute the contract of carriage under which Plaintiff Miida's cargo was carried;

THAT defendant Mitsui was the carrier of the cargo and issued Bill of Lading No. KBMR-0007 (Exhibit P-1) and is bound by the terms and conditions thereof;