The respondent sued for damages resulting from delays in the shipment and delivery of a cargo of pig iron carried aboard a vessel owned by the appellant, which had entered into a time charter with a third party.
The trial judge awarded damages against the charterer but dismissed the action against the owner.
The Federal Court of Appeal set aside the trial judgment and held the owner liable.
The Supreme Court of Canada dismissed the owner's appeal, affirming the Federal Court's jurisdiction and holding that under the time charter, the owner remained the carrier for the shipper, and the captain acted on the owner's behalf in issuing bills of lading.
