Précis: The providing of a copy of a commercial invoice to a carrier is not a declaration of value sufficient to oust the carrier’s right to limit its liability.
Full SummaryCanadian Pacific Railway Company v. Canexus Chemicals Canada LP, 2015 FCA 283
Précis: The Federal Court of Appeal held that s. 137 of the Canada Transportation Act prohibits rail carriers from contracting out of liabilities using hold harmless and indemnity clauses.
Full SummaryA & A Trading Ltd. v. DIL'S Trucking Inc., 2015 ONSC 1887
Précis: A defendant carrier cannot limit liability where it is aware of the value of the goods, represented it had sufficient insurance and the bill of lading referred to an invoice containing the value of the goods.
Full Summary0813054 BC Ltd. v. Overland West Freight Lines Ltd., 2013 BCSC 2367
Summary not available.
Full SummaryKuffuor v. Greyhound Courier Express Ltd., 2013 BCPC 341
Summary not available.
Full SummaryMitsubishi Heavy Industries Ltd. v. Canadian National Railway Company,, 2012 BCSC 1415
Précis: The British Columbia Supreme Court held a rail carrier was entitled to limit its liability even though there was no contract between it and the plaintiff.
Full SummaryRidsdale Transport Ltd. v. Transwest Air, 2009 SKQB 380
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 …
Full SummaryCargo Dynamics Logistics Inc. v. Apex Micro Manufacturing Corp., 2009 BCSC 832
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 …
Full SummaryWepruk v. Great Canadian Van Lines Ltd, 2009 BCPC 0183
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 …
Full SummaryRailink v. Fedmar Limited, 2009 CanLII 15893
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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