Ridsdale Transport Ltd. v. Transwest Air, 2009 SKQB 380

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

This case involved the carriage of a drum clearly marked as containing dangerous goods along with other food cargoes. Upon arrival at the destination it was discovered that the contents of the drum had leaked contaminating the food cargoes. The carrier sought indemnification from the shipper and relied, inter alia, on the shipper’s implied warranty that goods were safe for …

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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 …

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Valmet Paper Machinery Inc. v. Hapag-Lloyd AG, 2004 BCCA 518

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

The Plaintiff was the shipper of a piece of heavy equipment from Helsinki to Port Alberni, British Columbia. The equipment was carried by sea from Helsinki to Vancouver and by truck from Vancouver to Port Alberni. Ten kilometres short of its destination the equipment fell off the truck and was a constructive total loss. The Defendant motor carrier admitted liability …

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Byers v. United Parcel Service Canada Ltd., 2004 SKPC 66

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

In this case the Defendant courier sought to limit its liability pursuant to the uniform conditions of carriage passed under the Motor Carrier Act of Saskatchewan. The Court held, however, that the courier was not entitled to rely upon the limits when it had failed to issue a bill of lading as required by the statute.

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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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Trident Freight Logistics Ltd. v. Meyer's Sheet Metal Ltd., 2003 BCCA 342

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

This was a counterclaim for water damage to a cargo of 19 pallets of galvanized sheet metal carried from Calgary to Nanaimo. The cargo was loaded onto a flat bed trailer in Calgary by employees of the shipper who placed tarpaulins over the pallets. The decision to use a flat bed trailer was made by the shipper because of the …

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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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Wenner v. Willow Creek Carriers Inc., 2002 SKCA 113

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

This case concerned damage to two grain dryers carried from Nebraska to Saskatchewan. The damage occurred when the dryers struck an overpass. The Defendant carrier argued that it was entitled to limit its liability to $2.00 per pound pursuant to the provisions of the Motor Carrier Act and the Regulations. However, both at trial and on appeal it was found …

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