Clark v. Canada Post

Clark v. Canada Post

Section 40(1) does not shield Canada Post from liability for damage that occurred after delivery; on the evidence the card was delivered into an insecure community mailbox and vandalized after delivery, and Canada Post was negligent in delivering into a known insecure mailbox, entitling claimant to compensatory damages of the purchase price and costs.

Citation
2016 NSSM 18
Parties
Claimant: David Wayne Clark; Defendant: Canada Post
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 May 2016
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimant in the amount of CAD 239.70
Legal Topics
Liability Exclusion Under Statute, Delivery and Custody of Mail, Damages, Community Mailbox Security, Insurance
Source Language
English
Tort Negligence Statutory Interpretation Postal Services Law Liability Exclusion Under Statute Delivery and Custody of Mail Damages Community Mailbox Security +1 more

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Parties

David Wayne Clark

Claimant

Canada Post

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether s.40(1) of the Canada Post Corporation Act bars the Claimant's claim for loss of mailed property
  2. 2 Whether the damage occurred while the item was 'posted' (in Canada Post custody) or after delivery
  3. 3 Whether Canada Post was negligent in delivering mail to an insecure community mailbox

Ratio Decidendi

Section 40(1) does not shield Canada Post from liability for damage that occurred after delivery; on the evidence the card was delivered into an insecure community mailbox and vandalized after delivery, and Canada Post was negligent in delivering into a known insecure mailbox, entitling claimant to compensatory damages of the purchase price and costs.

Court Disposition

Judgment for Claimant in the amount of CAD 239.70

Orders

  • Award damages to Claimant in the amount of CAD 140.00 for the lost hockey card
  • Award costs to Claimant in the amount of CAD 99.70