The following excerpt is from Coutinho, Caro & Co. (Canada) Ltd. v. Ermua (Vessel), 1981 CanLII 2825 (FCA):
First, I want to dispose of the cross-appeal. The respondent's only attack against the judgment relates to the finding that each one of the lifts shipped on the "Ermua" was a "package". In the respondent's submission, those lifts were not "packages" because they were not wrapped. That submission must, in my view, be dismissed. The "package or unit" referred to in art. 4, para. 5, of the Hague Rules is the individual item of cargo accepted by the carrier: see Falconbridge Nickel Mines v. Chimo Shipping (1973), 1973 CanLII 160 (SCC), 37 D.L.R. (3d) 545, [1974] S.C.R. 933. Whether or not such an item is wrapped or boxed is immaterial. It appears clearly from the bill of lading in this case that the items of cargo accepted by the carrier for transportation to Montreal were the 19 lifts rather than the pieces of steel that they were said to contain. I would, for those reasons, dismiss the cross-appeal.
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