Shooters Production Services Inc. v. Arnold Bros. Transport Ltd.

This was an action for damage to a trailer transported by the Defendant from Ontario to British Columbia. The Defendant carrier argued that it was not liable because it had been agreed that the Plaintiff would provide insurance and because a final statement of claim was not issued within 9 months. Moreover, the Defendant argued that it was entitled to limit its liability to $2.00 per pound pursuant to the terms of its bill of lading and the provisions of the Regulations under the Motor Vehicle Act of British Columbia (which essentially enact the Uniform Conditions of Carriage). The Court held that the agreement that the Plaintiff would insure was not an agreement exculpating the Defendant from liability in the event it was negligent. Further, the Court held that the requirement that a final statement of claim be filed in 9 months was not a limitation period but a notice provision and that it had been substantially complied with. Finally, the Court held that the failure of the Defendant to issue a bill of lading at the time of shipment disentitled the Defendant from relying upon the limitation provisions in the bill of lading and the Regulations.