Franklin v. U Haul Co. (Canada) Ltd.

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

This was a claim for water damage to goods transported in a rental truck. There was heavy rain during the transportation and, upon arrival at the destination, the plaintiff kept the rental truck parked outside in heavy rain for an additional 2 days prior to unloading. On inspection of the truck, it was discovered that the rear door was not sitting “flat at the corners” and required cleaning to remedy. The defendant relied on a term of the rental contract which stated “I understand that the equipment rented is water resistant and not water proof” as well as signs posted inside the rental truck to the same effect. The Court held that the defendant could not rely on the term of the rental contract given the problems with the door. However, the Court only apportioned 20% of the liability to the defendant on the basis that it was not responsible for the plaintiffs delaying the unloading for 2 days and thereby exacerbating the scope of the damage incurred.