Phoenix Bio-Tech Corp. v. Day & Ross Inc., 2003 CanLII 11031

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

This case concerned carriage of a package from Mississauga to Orillia, Ontario. The package contained goods that were required to be maintained at a temperature of between 2 and 8 degrees Celsius. The package was picked up on 7 August 2001 and a bill of lading was issued by the carrier and acknowledged by the shipper. The shipper, who was …

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Paine Machine Tool Inc. v. Can-am West Carriers Inc., 2003 BCCA 50

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

Two high precision machine tools carried by the Defendant were damaged when they struck an overpass. In answer to the Plaintiff’s claim for damages, the Defendant argued that its liability was limited to $4.41 per kilogram pursuant to the Uniform Conditions of Carriage in Part 7 of the Regulations under the Motor Vehicle Act of British Columbia. At first instance, …

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Shooters Production Services Inc. v. Arnold Bros. Transport Ltd., 2003 BCSC 92

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

This was an action for damage to a trailer transported by the Defendant from Ontario to British Columbia. The Defendant carrier argued that it was not liable because it had been agreed that the Plaintiff would provide insurance and because a final statement of claim was not issued within 9 months. Moreover, the Defendant argued that it was entitled to …

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MDSI Mobile Data Solutions Inc. v. Federal Express, 2003 BCCA 9

In Carriage of Goods by Air on (Updated )

This was an appeal from an application by the Plaintiff for summary judgment for damage to computer equipment that occurred during the course of air carriage from Vancouver, British Columbia to Atlanta, Georgia. At trial, the Plaintiff sought to recover the full amount of its loss (approximately $240,000) or, in the alternative, the declared value amount of $214,000. The Defendant …

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Meeker Log and Timber Ltd. et. al. v. The Sea Imp VIII, 1996 CanLII 2229

In Tug and Tow on (Updated )

The British Columbia Court of Appeal rendered a short oral judgment from the bench dismissing an appeal and cross-appeal from the decision of Mr. Justice Peter Lowry, reported at 1 B.C.L.R. (3d) 320. The issues concerned the interpretation of standard towing conditions and limitation of liability pursuant to the Canada Shipping Act. The standard towing conditions were composed of multiple …

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