Right to Limit Liability

Right to Limit Liability - Undeclared Deck Carriage

De Wolf Maritime Safety B.V. v. Traffic-Tech International Inc., 2017 FC 23

In Carriage of Goods by Sea on January 11, 2017 (Updated April 11, 2018)

Précis: A carrier is entitled to limit liability under the Hague-Visby Rules for undeclared deck carriage.

Canadian Pacific Railway Company v. Canexus Chemicals Canada LP, 2015 FCA 283

In Carriage of Goods by Road/Rail on December 7, 2015 (Updated February 24, 2016)

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.

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