Fortus Group Inc. v Hawboldt Industries Ltd.

Fortus Group Inc. v Hawboldt Industries Ltd.

The claimant acted as agent, not as carrier, and fulfilled its contractual obligations including arranging shipment, prepaying the forwarder, arranging return delivery, and filing a claim with the carrier; there was insufficient evidence to attribute the cargo damage to the claimant's conduct or packaging, and the claimant is therefore entitled to the unpaid invoice of $6,685.29 CAD while the defendant's counterclaim for repair and related costs is dismissed.

Citation
2025 NSSM 67
Parties
Claimant (defendant in Counterclaim): Fortus Group Inc.; Defendant (claimant in Counterclaim): Hawboldt Industries Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 November 2025
Procedural Posture
Small Claims Court of Nova Scotia / Final Written Decision
Outcome
Claim allowed; counterclaim dismissed.
Legal Topics
Freight Brokerage, Carrier Liability, Bill of Lading, Breach of Contract, Claims Handling, Packaging and Causation
Source Language
English
Contract Law Agency Law Transportation and Carriage of Goods Commercial Law Freight Brokerage Carrier Liability Bill of Lading Breach of Contract +2 more

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Parties

Fortus Group Inc.

Claimant (defendant in Counterclaim)

Hawboldt Industries Ltd.

Defendant (claimant in Counterclaim)

Procedural Posture

Small Claims Court of Nova Scotia / Final Written Decision

Legal Issues

  1. 1 Whether the claimant is entitled to payment of an unpaid freight invoice for shipment and rework fees
  2. 2 Whether the claimant (broker) can be held liable for damage to the cargo or repair costs
  3. 3 Whether the claimant acted as carrier or as agent for the defendant

Ratio Decidendi

The claimant acted as agent, not as carrier, and fulfilled its contractual obligations including arranging shipment, prepaying the forwarder, arranging return delivery, and filing a claim with the carrier; there was insufficient evidence to attribute the cargo damage to the claimant's conduct or packaging, and the claimant is therefore entitled to the unpaid invoice of $6,685.29 CAD while the defendant's counterclaim for repair and related costs is dismissed.

Court Disposition

Claim allowed; counterclaim dismissed.

Orders

  • Claimant awarded $6,685.29 CAD against Defendant
  • Counterclaim dismissed