Wepruk v. Great Canadian Van Lines Ltd, 2009 BCPC 0183

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

The main issues in this action were whether the defendant carrier could rely on the special conditions of carriage on the reverse of its bill of lading. The Court held that the conditions on the bill of lading did not apply as the bill of lading was delivered after the contract had been breached. The Court awarded general damages, aggravated …

Full Summary

Franklin v. U Haul Co. (Canada) Ltd., 2009 SKPC 9

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

This was a claim for water damage to goods transported in a rental truck. There was heavy rain during the transportation and, upon arrival at the destination, the plaintiff kept the rental truck parked outside in heavy rain for an additional 2 days prior to unloading. On inspection of the truck, it was discovered that the rear door was not …

Full Summary

Gundersen v. Finn Marine Ltd., 2008 BCSC 1665

In Carriage of Passengers by Sea on (Updated )

The Plaintiff was seriously injured when the vessel in which she was riding ran into Salt Spring Island. The vessel was a commercial water taxi and at the time of the accident it was on its way to pick up passengers. The Plaintiff, however, was not a paying passenger but was onboard as a non-paying guest. The Judge found as …

Full Summary

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 …

Full Summary

Alcoa, Inc. v. CP Ships (UK) Ltd., 2007 ONCA 686

In Carriage of Goods by Sea on (Updated )

The Plaintiff contracted with the first Defendant for the carriage of a cargo of aluminum from Massena, New York to Italy. The first Defendant had an arrangement with the second Defendant for the performance of the inland portion of the carriage from Massena to Montreal. It was intended that the first Defendant would then complete the carriage by sea from …

Full Summary

Isen v. Simms, 2006 SCC 41

In Admiralty Jurisdiction on (Updated )

The Defendant was injured when a bungee cord that was being used to secure the engine cover of a small pleasure boat slipped from the hands of the Plaintiff shipowner and struck the Defendant in the eye. At the time of the incident the pleasure boat had just been removed from the lake and was on a trailer being prepared …

Full Summary

Connaught Laboratories Limited v. British Airways, 2005 CanLII 16576

In Carriage of Goods by Air on (Updated )

This case concerned damage to four cartons of vaccines carried by air from Toronto to Sydney, Australia via Heathrow. The cartons bore labels directing that they be kept refrigerated at between 2 and 8 degrees Celsius. A similar direction was printed on the air waybills. At Heathrow, the cartons were not placed in a refrigerated area and, as a consequence, …

Full Summary

Vukorep v. Bartulin, 2005 BCCA 142

In Limitation of Liability in Maritime Law on (Updated )

In July 1998 the Plaintiff was injured on board the Defendant’s pleasure craft when the vessel hit a wave from a passing ferry. At the time of the accident the vessel was being operated by the Defendant who was also the owner. The Defendant brought this application for a determination of whether he could limit his liability pursuant to s. …

Full Summary

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 …

Full Summary