Précis: The Federal Court of Appeal held that s. 137 of the Canada Transportation Act prohibits rail carriers from contracting out of liabilities using hold harmless and indemnity clauses.
Full SummaryCami Automotive, Inc v. Westwood Shipping Lines Inc, 2009 FC 664, 2012 FCA 16
Précis: The Federal Court of Appeal upheld a decision of the Federal Court holding that a rail carrier could choose the limitation that was the most beneficial to it.
Full SummaryCami Automotive, Inc v. Westwood Shipping Lines Inc, 2010 FC 26
This was a case involving a claim against a rail carrier and vessel for damage to cargo. The plaintiff recovered only the limitation amount of $50,000. The vessel and rail carrier each claimed entitlement to double costs on the basis that the rail carrier had paid the plaintiff Cdn$50,000 and the vessel had made an offer to settle in the …
Full SummaryRailink v. Fedmar Limited, 2009 CanLII 15893
This was an appeal from a Small Claims Court decision finding the defendant “FedMar” liable to the plaintiff, “SOR”, for demurrage charges on railcars at FedMar’s premises. Although there was no direct contract between SOR and FedMar, SOR had issued tariffs to FedMar setting out the demurrage fees prior to the dispute. The trial Judge’s decision was upheld on the …
Full SummaryAlstom Canada Inc. v. Canadian National Railway Company, 2008 FC 1311
The Plaintiffs claimed in excess of $1.8 million for shock and impact damage caused to a transformer during rail carriage from Halifax to Manitoba. The Defendant rail carrier brought this application for summary judgment to limit its liability to $50,000 pursuant to a term in its tariff. However, the Defendant had two tariffs, one of which contained a limitation clause …
Full SummaryBoutique Jacob Inc. v. Pantainer Ltd., 2008 FCA 85
This was an action by the Plaintiff for damage to cargo caused during a train derailment. The Plaintiff had contracted with the first Defendant, Pantainer, for the carriage of its cargo from Hong Kong to Montreal. Pantainer then sub-contracted the entire carriage to OOCL. OOCL in turn contracted with Canadian Pacific for the carriage of the cargo by rail from …
Full SummaryHerrenknecht Tunnelling Systems USA Inc. v. Canadian Pacific Railway, 2002 FCT 1089
The issue in this case was whether the Federal Court had jurisdiction over a claim for damage caused to cargo during the course of carriage from Quebec to Tacoma, Washington. The cargo was damaged when the train derailed in Ontario. The Judge identified the test as being: 1. There must be a statutory grant of jurisdiction by the federal parliament; …
Full SummaryCanadian National Railway v. Southern Railway of British Columbia, 1998 CanLII 3867
Both the Plaintiff and Defendant in this matter were rail carriers. They had entered into an agreement with Johnson & Johnson for the carriage of goods from Quebec to British Columbia. Some of the goods were destroyed by fire. The Plaintiff paid Johnson & Johnson the full amount of its loss. Subsequently, pursuant to an agreement the matter was referred …
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