Alstom Canada Inc. v. Canadian National Railway Company

In Carriage of Goods by Road/Rail on (Updated )

The Plaintiffs claimed in excess of $1.8 million for shock and impact damage caused to a transformer during rail carriage from Halifax to Manitoba. The Defendant rail carrier brought this application for summary judgment to limit its liability to $50,000 pursuant to a term in its tariff. However, the Defendant had two tariffs, one of which contained a limitation clause and the other of which did not. Moreover, the one which contained the limitation clause was only given to the Plaintiff after the loss. In the circumstances, the Court was not able to determine which of the two tariffs applied and dismissed the application for summary judgment.