Bertex Fashions Inc. v. Cargonaut Canada Inc.

The issue in this case was the liability of a freight forwarder for damage to cargo shipped under a through bill of lading issued by the forwarder. The forwarder argued that it acted only as agent for the Plaintiff and was therefore not liable. The Court held, however, that the forwarder was liable as a carrier. The factors leading to this conclusion were the forwarder undertook to carry the goods, the forwarder charged the Plaintiff a lump sum as freight not as commission, and the Plaintiff was totally uninformed and unaware of the identity of the actual carriers.