George Straith Ltd. v. Air Canada

In Carriage of Goods by Air on (Updated )

The Plaintiff purchased three cartons of sweaters in Scotland and the seller arranged the shipment through Rockwood International Freight Ltd. The three cartons were delivered to the Defendant, Air Canada, at Heathrow Airport in London and consigned to Rockwood International Freight Inc. at Vancouver. When the three cartons were received, one had been opened and taped and 19 of the 55 sweaters were missing. The Plaintiff sued for the lost cargo. The Defendant contended that under the Warsaw Convention only the consignor or consignee (both being freight forwarders) could sue for the loss. The Court followed the English case of Gatewhite Ltd. v. Iberia Lineas Aeras de Espena S.A., [1989] 1 All ER 944, [1989] 1 Lloyds Rep. 160 and held that the owner of the goods is entitled to sue and that there was nothing in the Convention which deprives the owner of this right.