Durunna v. Air Canada

In Carriage of Goods by Air on (Updated )

The plaintiff shipped 10 laptop computers with Air Canada from Canada to Nigeria. The computers disappeared en route. Air Canada defended the action arguing that its liability was limited pursuant to the terms of the Montreal Convention.

Decision: Plaintiff is entitled to judgment for the value of the computers plus shipping costs.

Held: The Montreal Convention did not do away with the requirement to provide notice of clause limiting liability. Sufficient notice was not given to the plaintiff of the clause.

Comment: This case should be relied upon only after careful consideration. It is probably incorrect. Pursuant to the Carriage of Goods by Air Act, the Montreal Convention (where applicable, as it was here) has the force of law. There are no notice requirements in that convention and Art. 9 specifically provides that non-compliance with documentary requirements shall not affect the applicability of the limitation of liability provisions.