Markham Meat Industries Supplies Inc. v. Air France

This action concerned damage to cargo carried by air from Paris, France to Montreal. The cargo arrived on June 27, 1995 and was delivered on June 28, 1995. The air carriers were, however, not notified of the damage to the cargo until September 19, 1995. The carriers therefore brought this motion to dismiss the Plaintiff’s claim for failure to give the required notice within 14 days of delivery as required by Article 26(2) of the Warsaw Convention. The Plaintiff argued that it had not given timely notice because the damage to the cargo was concealed. The Court resolved the matter by ordering that there be a trial of the issue and that the Plaintiff would have to prove that the damages were of such a nature that they were not discoverable.