Notice - Admiralty Law

Green Computer AB v. Federal Express Corp. et al., 2004 FCA 111

In Carriage of Goods by Air on March 16, 2004 (Updated July 04, 2012)

This was a claim for the loss of one carton of integrated circuits valued at $50,000 carried by air from Sweden to Markham, Ontario. The Defendant air carrier argued that it was not liable as the Plaintiff had not given the notice required by Article 26 of the Warsaw Convention. Alternatively, the Defendant argued it was entitled to limit liability …

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Agreement to Insure - Carriage by Road - Limitation of Liability - Notice

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

In Carriage of Goods by Road/Rail on January 17, 2003 (Updated July 04, 2012)

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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Jurisdiction Clause - Notice - Stay of Proceedings

Usach Technologies Inc. v. Lamprecht Transport Ltd., No. T-1928-94, (F.C.T.D.)

In Arbitration/Jurisdiction Clauses in Maritime Law on May 5, 1995 (Updated July 18, 2012)

In this matter the Court enforced a jurisdiction clause, contained in a through bill of lading, in favour of Switzerland. The Plaintiff attempted to argue that the clause had not been properly brought to its attention but the Court held that the Plaintiff knew of the existence of the clause and accepted it.

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