DHL Global Forwarding (Canada) Inc. v. Lowe’s Canada

DHL Global Forwarding (Canada) Inc. v. Lowe’s Canada

The Amending Agreement added the BSA as part of the DTA; under the DTA Rona had an explicit unilateral right to terminate in whole or in part on 30 days' notice (para 11.2(d)), Rona's March 23, 2023 notice properly invoked that right notwithstanding typographical errors, the BSA terminated effective April 23, 2023, and DHL failed to prove on the record that any deadfreight for the contested period accrued prior to termination; accordingly DHL's summary judgment motion fails and its claims versus Rona are dismissed.

Citation
2025 FC 1618
Parties
Plaintiff: DHL Global Forwarding (Canada) Inc.; Defendant: Lowe's Canada; Defendant: Rona Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 October 2025
Procedural Posture
Contract Dispute Block Space Agreement/deadfreight / Decision on Motion for Summary Judgment
Outcome
DHL's motion for summary judgment dismissed; DHL's Statement of Claim against Rona Inc. dismissed
Legal Topics
Termination, Deadfreight Penalties, Block Space Agreement, Mitigation of Damages, Contract Interpretation, Incorporation by Reference, Choice of Law, Affidavit Admissibility
Source Language
English
Contract Law Maritime/commercial Shipping Civil Procedure Evidence Law Termination Deadfreight Penalties Block Space Agreement Mitigation of Damages +4 more

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Parties

DHL Global Forwarding (Canada) Inc.

Plaintiff

Lowe's Canada

Defendant

Rona Inc.

Defendant

Procedural Posture

Contract Dispute Block Space Agreement/deadfreight / Decision on Motion for Summary Judgment

Legal Issues

  1. 1 Whether Rona is liable for deadfreight for the period March 23, 2023 to December 23, 2023 under the BSA
  2. 2 Whether DHL is discharged from its duty to mitigate damages arising from Rona's actions

Ratio Decidendi

The Amending Agreement added the BSA as part of the DTA; under the DTA Rona had an explicit unilateral right to terminate in whole or in part on 30 days' notice (para 11.2(d)), Rona's March 23, 2023 notice properly invoked that right notwithstanding typographical errors, the BSA terminated effective April 23, 2023, and DHL failed to prove on the record that any deadfreight for the contested period accrued prior to termination; accordingly DHL's summary judgment motion fails and its claims versus Rona are dismissed.

Court Disposition

DHL's motion for summary judgment dismissed; DHL's Statement of Claim against Rona Inc. dismissed

Orders

  • DHL Global Forwarding (Canada) Inc.'s motion for summary judgment is dismissed.
  • DHL Global Forwarding (Canada) Inc.'s Statement of Claim as against Rona Inc. and the claims made therein as against Rona Inc. are dismissed.