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accident action agent agreement allowed Amendment application arbitration argued arrest avoid award bill of lading breach Canada Canadian cargo carriage carrier caused charterer charterparty Circuit claim claimant clause collision Comm condition considered construction contained contract Convention costs Court of Appeal cover damages decision defendant discharge dismissed duty effect English entitled evidence excluded express facts failed faith Federal Court force further give given grounds held incorporated indemnity interest International issue judge judgment jurisdiction liability lien limitation Lloyd's Rep LMCLQ loading Lord loss Marine Insurance Maritime maritime law matter Merchant negligence noted notice obligation operation owner parties plaintiff port proceedings Protection reasonable reference Regulations reinsurance relation relevant respect respondents result risk Rules ship shipowner sought taken tort United vessel