This was an application for leave to appeal a trial decision refusing general damages under Article 19 of the Montreal Convention for mental anguish and a missed opportunity resulting from a cancelled flight. The Court of Appeal denied leave on the basis that Article 19 of the Montreal Convention has been previously examined by appellate courts around the world and …
Full SummaryConnaught Laboratories Limited v. British Airways, 2005 CanLII 16576
This case concerned damage to four cartons of vaccines carried by air from Toronto to Sydney, Australia via Heathrow. The cartons bore labels directing that they be kept refrigerated at between 2 and 8 degrees Celsius. A similar direction was printed on the air waybills. At Heathrow, the cartons were not placed in a refrigerated area and, as a consequence, …
Full SummaryPro-Service Forwarding Co. of Canada v. Sales Corp. Intl. Group Inc., [2005] O.J. No. 3270
This was an application by the Plaintiff freight forwarder to recover the amount of its invoice to the Defendant, its customer. The Defendant claimed a set-off and counter-claim for delay in delivering its goods. The Court held that the delay was due to a downsizing of the aircraft by Air Canada and was not the result of any negligence on …
Full SummaryGreen Computer AB v. Federal Express Corp. et al., 2004 FCA 111
This was a claim for the loss of one carton of integrated circuits valued at $50,000 carried by air from Sweden to Markham, Ontario. The Defendant air carrier argued that it was not liable as the Plaintiff had not given the notice required by Article 26 of the Warsaw Convention. Alternatively, the Defendant argued it was entitled to limit liability …
Full SummaryMDSI Mobile Data Solutions Inc. v. Federal Express, 2003 BCCA 9
This was an appeal from an application by the Plaintiff for summary judgment for damage to computer equipment that occurred during the course of air carriage from Vancouver, British Columbia to Atlanta, Georgia. At trial, the Plaintiff sought to recover the full amount of its loss (approximately $240,000) or, in the alternative, the declared value amount of $214,000. The Defendant …
Full SummaryWorld of Art nc. v. Koninklijke Luchtraart Maatschappij N.V., 2000 CanLII 16982
This was an application for summary judgment for the loss of cargo to be carried by air from Iran. The loss apparently occurred because the goods were rerouted through the United States where they were seized by U.S. Customs. The Defendant air carrier was aware of this possibility as a similar incident had occurred previously. As a result, its systems …
Full SummaryNuvo Electronics Inc. v. London Assurance et al., 2000 CanLII 22388
This matter arose out of the loss of 15 cartons of integrated circuits valued at US$1,403,000 and carried by air from San Francisco to Toronto. The shipment left San Franciso on August 10, 1996, and arrived at Toronto on the morning of August 11, 1996. It was then placed in the Air Canada cargo warehouse but was never seen again. …
Full SummaryMarkham Meat Industries Supplies Inc. v. Air France, (July 9, 1998) No.98-BN-01639 (Ont. Ct. Gen. Div.)
This action concerned damage to cargo carried by air from Paris, France to Montreal. The cargo arrived on June 27, 1995 and was delivered on June 28, 1995. The air carriers were, however, not notified of the damage to the cargo until September 19, 1995. The carriers therefore brought this motion to dismiss the Plaintiff’s claim for failure to give …
Full SummaryQuinn v. Canadian Airlines International, 1994 CanLII 7262
The 72 year old Plaintiff who suffered from advanced osteoporosis sued the Defendant airline. The Plaintiff was a passenger on the airlines charter flight from Toronto to St. Petersburg, Florida which encountered air turbulence. She alleged that, as a result of the turbulence, she suffered a compression fracture of three vertebrae. The Plaintiff contended that the turbulence was an accident …
Full SummaryVan Halderen v. Canada 3000 Airlines Ltd., [1994] B.C.J. No. 2795.
The Plaintiff flew from Vancouver to Costa Rica return with the Defendant airline. The Plaintiff’s luggage was not delivered to him on his return to Vancouver. The Plaintiff did not have the usual baggage tags but his ticket was marked indicating he checked two bags. He sued the Defendant to recover the value of the contents of the bags. The …
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