Précis: The Federal Court of Appeal upheld a decision of the Federal Court holding that a rail carrier could choose the limitation that was the most beneficial to it.
Full SummaryCami Automotive, Inc v. Westwood Shipping Lines Inc, 2010 FC 26
This was a case involving a claim against a rail carrier and vessel for damage to cargo. The plaintiff recovered only the limitation amount of $50,000. The vessel and rail carrier each claimed entitlement to double costs on the basis that the rail carrier had paid the plaintiff Cdn$50,000 and the vessel had made an offer to settle in the …
Full Summary