Précis: A crew member was injured on an automatic gangway and the terminal was found liable for not properly warning users of the dangers inherent in such an automatic gangway.The plaintiff, however, failed to mitigate damages.
Full SummaryCanadian National Railway v. Neptune Bulk Terminals (Canada) Ltd., 2006 BCSC 1073
The Plaintiff railway company brought this action against the Defendant terminal operator to recover demurrage charges for delay in the loading and unloading of grain from the Plaintiff’s rail cars. The Plaintiff argued that it was entitled to the payment of demurrage in accordance with its tariffs published pursuant to the Canadian Transportation Act. The Judge reviewed the history of …
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