Ridsdale Transport Ltd. v. Transwest Air, 2009 SKQB 380

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

This case involved the carriage of a drum clearly marked as containing dangerous goods along with other food cargoes. Upon arrival at the destination it was discovered that the contents of the drum had leaked contaminating the food cargoes. The carrier sought indemnification from the shipper and relied, inter alia, on the shipper’s implied warranty that goods were safe for …

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Cargo Dynamics Logistics Inc. v. Apex Micro Manufacturing Corp., 2009 BCSC 832

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

This was an action for freight owing in respect of a number of shipments. The defendant was the consignee of the shipments and alleged that it was not liable for the freight as the plaintiff/carrier had contracted with the shipper. The evidence established, however, that the carriage arrangements were made between the plaintiff and defendant, and that the plaintiff was …

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Wepruk v. Great Canadian Van Lines Ltd, 2009 BCPC 0183

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

The main issues in this action were whether the defendant carrier could rely on the special conditions of carriage on the reverse of its bill of lading. The Court held that the conditions on the bill of lading did not apply as the bill of lading was delivered after the contract had been breached. The Court awarded general damages, aggravated …

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Railink v. Fedmar Limited, 2009 CanLII 15893

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 …

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