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ARTICLE · 04 JUNE 2025

Geographical Deviation Does Not Defeat The One Year Time Bar In The Hague-Visby Rules

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In ETG Commodities Inc. v. Hapag-Lloyd (Canada) Inc., 2025 FC 474, the Federal Court of Canada had to consider two issues:

CanadaLitigation, Mediation & Arbitration
Rui Fernandes
Rui Fernandes
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In ETG Commodities Inc. v. Hapag-Lloyd (Canada) Inc., 2025 FC 474, the Federal Court of Canada had to consider two issues:

  1. Did a geographical deviation defeat the one-year time bar in the Hague-Visby Rules; and
  2. Was the agent of a carrier entitled to the protection of the terms of the bill of lading issued by the carrier.

ETG Commodities Inc. ("ETG") sold a cargo of lentils in a number of containers to a buyer in Kolkata, India. It arranged the shipment with the ocean carrier, Hapag Lloyd Akitengesellschaft ("Hapag Lloyd Lines") through Hapag Lloyd lines' agent Hapag-Lloyd (Canada) Inc. ("Hapag Canada").

The port of discharge was subsequently changed to Karachi, Pakistan on agreement, as the transaction with the initial buyer in India fell through. ETG found a new buyer in Pakistan.

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