Is Motor Carrier Protected Under the Ocean Bill of Lading


The typical ocean Bill of Lading in its common form contain numerous terms and conditions usually found on the reverse side. Typical clauses include sub-contracting and indemnity provisions (Himalaya clause) and carrier’s responsibility provisions.

In a recent British Columbia Court of Appeal decision in Valmet Paper Machinery Inc. v. H.A. Davis Transport Ltd., the Court of Appeal considered a decision of the Trial Judge Groberman J. wherein he awarded the plaintiff shippers the sum of $1,244,000 for the destruction of a piece of equipment known as a rewinder, in the course of it being carried by a truck of the appellant motor carrier. The rewinder had been loaded to the ship at Helsinki, transhipped at Bremerhaven to a vessel bound for Los Angeles, transhipped at Los Angeles and off loaded at Vancouver. The rewinder subsequently fell off the truck near Cameron Lake on Vancouver Island in consequence of the undisputed negligence of the motor carrier and its driver.

About Thomas S. Hawkins

Tom is a founding partner of the firm and practices in the areas of maritime law, insurance defence and commercial litigation advising clients on matters relating to marine insurance, arrest of vessels, towage, pollution, collision, terminals, cargo, employment, bodily injury and maritime commercial matters. Tom has conducted cases in the trial and appellate courts of the Federal Court, the British… view full profile »