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 …
Full SummaryAlstom Canada Inc. v. Canadian National Railway Company, 2008 FC 1311
The Plaintiffs claimed in excess of $1.8 million for shock and impact damage caused to a transformer during rail carriage from Halifax to Manitoba. The Defendant rail carrier brought this application for summary judgment to limit its liability to $50,000 pursuant to a term in its tariff. However, the Defendant had two tariffs, one of which contained a limitation clause …
Full SummaryExalta Transport Corp. v. C & A Industries Inc., 2008 ABQB 637
This matter involved the failure of a road carrier to notify the shipper of the unsuccessful delivery of cargo. Pursuant to the applicable Alberta statute, the uniform conditions of carriage applied regardless of whether a proper bill of lading was issued. The issue was whether the statutory limitation applied in these circumstances. The statutory limitation provisions refer only to compensation …
Full SummaryDay & Ross Inc. v. Beaulieu, 2005 NBCA 25
This appeal from a judgment of the New Brunswick Court of Queen’s Bench addresses many of the arguments usually advanced to defeat a carrier’s right to limit liability pursuant to the Uniform Conditions of Carriage in force in most provinces. The case concerned the loss of a package valued at $1,350. The carrier accepted liability but relied on its limitation …
Full SummaryValmet Paper Machinery Inc. v. Hapag-Lloyd AG, 2004 BCCA 518
The Plaintiff was the shipper of a piece of heavy equipment from Helsinki to Port Alberni, British Columbia. The equipment was carried by sea from Helsinki to Vancouver and by truck from Vancouver to Port Alberni. Ten kilometres short of its destination the equipment fell off the truck and was a constructive total loss. The Defendant motor carrier admitted liability …
Full SummaryByers v. United Parcel Service Canada Ltd., 2004 SKPC 66
In this case the Defendant courier sought to limit its liability pursuant to the uniform conditions of carriage passed under the Motor Carrier Act of Saskatchewan. The Court held, however, that the courier was not entitled to rely upon the limits when it had failed to issue a bill of lading as required by the statute.
Full SummaryPhoenix Bio-Tech Corp. v. Day & Ross Inc., 2003 CanLII 11031
This case concerned carriage of a package from Mississauga to Orillia, Ontario. The package contained goods that were required to be maintained at a temperature of between 2 and 8 degrees Celsius. The package was picked up on 7 August 2001 and a bill of lading was issued by the carrier and acknowledged by the shipper. The shipper, who was …
Full SummaryTrident Freight Logistics Ltd. v. Meyer's Sheet Metal Ltd., 2003 BCCA 342
This was a counterclaim for water damage to a cargo of 19 pallets of galvanized sheet metal carried from Calgary to Nanaimo. The cargo was loaded onto a flat bed trailer in Calgary by employees of the shipper who placed tarpaulins over the pallets. The decision to use a flat bed trailer was made by the shipper because of the …
Full SummaryPaine Machine Tool Inc. v. Can-am West Carriers Inc., 2003 BCCA 50
Two high precision machine tools carried by the Defendant were damaged when they struck an overpass. In answer to the Plaintiff’s claim for damages, the Defendant argued that its liability was limited to $4.41 per kilogram pursuant to the Uniform Conditions of Carriage in Part 7 of the Regulations under the Motor Vehicle Act of British Columbia. At first instance, …
Full SummaryShooters Production Services Inc. v. Arnold Bros. Transport Ltd., 2003 BCSC 92
This was an action for damage to a trailer transported by the Defendant from Ontario to British Columbia. The Defendant carrier argued that it was not liable because it had been agreed that the Plaintiff would provide insurance and because a final statement of claim was not issued within 9 months. Moreover, the Defendant argued that it was entitled to …
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