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 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, …
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