Railink v. Fedmar Limited

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

This was an appeal from a Small Claims Court decision finding the defendant “FedMar” liable to the plaintiff, “SOR”, for demurrage charges on railcars at FedMar’s premises. Although there was no direct contract between SOR and FedMar, SOR had issued tariffs to FedMar setting out the demurrage fees prior to the dispute. The trial Judge’s decision was upheld on the basis that the delay and demurrage was the direct result of FedMar’s actions, inactions and delay.