Exalta Transport Corp. v. C & A Industries Inc., 2008 ABQB 637

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

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 …

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Hansen v. "Trinity" (The), 2007 BCSC 821

In Ship Building and Repair on (Updated )

The Plaintiffs in this case sought the return of in excess of $300,000 they had paid towards the purchase of a sailing vessel being built for them by the Defendants. The Plaintiffs alleged that there was a fundamental breach of the building contract entitling them to rescission of the contract. The breaches related to alleged welding defects in the hull. …

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Day & Ross Inc. v. Beaulieu, 2005 NBCA 25

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

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 …

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