Durunna v. Air Canada, 2013 ABPC 31

In Carriage of Goods by Air on (Updated )

The plaintiff shipped 10 laptop computers with Air Canada from Canada to Nigeria. The computers disappeared en route. Air Canada defended the action arguing that its liability was limited pursuant to the terms of the Montreal Convention. Decision: Plaintiff is entitled to judgment for the value of the computers plus shipping costs. Held: The Montreal Convention did not do away …

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North Ridge Fishing Ltd. et al v. The Prosperity, 2000 B.C.S.C. 1124

In Fish Cases, Fisheries Practice on (Updated )

This case involved a collision between the net of the fishing vessel Savage Fisher (plaintiff) and the fishing vessel “Prosperity” in the 1997 herring seine fishery. This fishery was described by the trial judge as a “high stakes race . . . where from an opening ‘gun’, many vessels,sometimes dozens,would set their nets at speed in very close proximity during …

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Capilano Fishing Ltd. v. Qualicum Producer (The), 2001 BCCA 244

In Fish Cases, Fisheries Practice, Torts on (Updated )

This was a net damage case involving a claim for damages incurred by a vessel when its net was fouled by another vessel during a very short opening in the 1997 herring seine fishery. The issues raised by this case included the following: 1)Recovery for contractual relational economic loss; 2)Limitation of Liability; 3)Restitution for unjust enrichment with an accounting of …

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