Wenner v. Willow Creek Carriers Inc., 2002 SKCA 113

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

This case concerned damage to two grain dryers carried from Nebraska to Saskatchewan. The damage occurred when the dryers struck an overpass. The Defendant carrier argued that it was entitled to limit its liability to $2.00 per pound pursuant to the provisions of the Motor Carrier Act and the Regulations. However, both at trial and on appeal it was found …

Full Summary

SC International Enterprises Inc. v. Consolidated Freightways Corp., 2002 BCSC 767

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

This case concerned shortage to a cargo shipped from Mexico to New Jersey. The shortage was discovered during the course of carriage at Laredo, Texas. The issue in this motion was whether British Columbia was an appropriate jurisdiction. The motions Judge held that British Columbia had jurisdiction to hear the dispute based on the facts that the Plaintiff resided in …

Full Summary

Alberta Garment Manufacturing Co. v. Purolator Courier Ltd., 2000 ABPC 36

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

The Plaintiff had delivered goods to the Defendant for carriage. On the face of the bill of lading the Plaintiff inserted a clause requiring the Defendant to obtain a certified cheque before effecting delivery. The Defendant did not do so and the Plaintiff was never paid for the goods. The Defendant relied upon a term in the bill of lading …

Full Summary

Boutchev v. D.H.L. International Ltd., 2000 ABPC 1

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

The issue in this small claims matter was whether the Defendant courier could rely upon terms in its waybill limiting its liability. The Court found that the terms on the waybill had not been properly brought to the attention of the Plaintiff and that the totality of the terms and conditions were "neither plain nor unambiguous" and were "quite simply …

Full Summary

Haldane Products Inc. v. United Parcel Service Canada Ltd., 1999 No. 23258 (Ont. S.C.).

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

Although not a sea carriage matter, this case is nevertheless of interest. The Plaintiff entered into a contract with UPS for the carriage of cargo to Vancouver. The contract was governed by UPS’s service conditions which were provided to the Plaintiff in advance. These conditions provided that the liability of UPS was limited to $100 for loss of or damage …

Full Summary

North American Van Lines v. Rosenau Transport Ltd., 1998 ABPC 149

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

This was an action for damage to a cargo of photocopiers. The Court held that the damage was caused by the negligence of the Defendant in failing to properly secure the photocopiers for transit. The defence was that there was an agreement between the parties that the Defendant would not be liable for any damage. The evidence was that the …

Full Summary

Canadian National Railway v. Southern Railway of British Columbia, 1998 CanLII 3867

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

Both the Plaintiff and Defendant in this matter were rail carriers. They had entered into an agreement with Johnson & Johnson for the carriage of goods from Quebec to British Columbia. Some of the goods were destroyed by fire. The Plaintiff paid Johnson & Johnson the full amount of its loss. Subsequently, pursuant to an agreement the matter was referred …

Full Summary