Wilson v. Canadian Development Co.

Wilson v. Canadian Development Co.

The June 19, 1899 special contract governed; the carrier could not unilaterally vary its terms by stamping a clause on shipping receipts without the plaintiff's concurrence or authority of his agent; the stamped limitation did not cover wrongful sale/ conversion or losses caused by the carrier's actual fault or privity; accordingly the carrier was liable for the full value of goods wrongfully sold/converted and damages were reduced to the proven loss of $13,904.71.

Citation
(1903) 33 SCR 432
Parties
Appellant / Plaintiff: T. G. Wilson; Respondent / Defendant: The Canadian Development Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 May 1903
Procedural Posture
Contract Carriage of Goods / Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia (on Appeal From Territorial Court of Yukon Territory)
Outcome
Appeal allowed with costs; judgment of Supreme Court of British Columbia reversed in part; damages reduced to the proven value of wrongfully converted goods.
Legal Topics
Shipping Receipt, Limitation of Liability, Negligence, Wrongful Conversion, Bill of Lading, Variation of Contract, Rebate on Freight
Source Language
English
Contract Carriage of Goods Agency Torts (conversion) Shipping Receipt Limitation of Liability Negligence Wrongful Conversion +3 more

Case Brief

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Parties

T. G. Wilson

Appellant / Plaintiff

The Canadian Development Company

Respondent / Defendant

Procedural Posture

Contract Carriage of Goods / Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia (on Appeal From Territorial Court of Yukon Territory)

Legal Issues

  1. 1 Whether a carrier can vary an existing special carriage contract by inserting a stamped clause in shipping receipts without the consignor's assent
  2. 2 Whether an exemption clause limiting liability to value at port of shipment covers wrongful sale/ conversion by carrier or liability for actual fault or privity
  3. 3 Whether the shipper's local agent had authority to accept a variation of the special contract

Ratio Decidendi

The June 19, 1899 special contract governed; the carrier could not unilaterally vary its terms by stamping a clause on shipping receipts without the plaintiff's concurrence or authority of his agent; the stamped limitation did not cover wrongful sale/ conversion or losses caused by the carrier's actual fault or privity; accordingly the carrier was liable for the full value of goods wrongfully sold/converted and damages were reduced to the proven loss of $13,904.71.

Court Disposition

Appeal allowed with costs; judgment of Supreme Court of British Columbia reversed in part; damages reduced to the proven value of wrongfully converted goods.

Orders

  • Appeal allowed with costs in all courts
  • Judgment of the Supreme Court of British Columbia reversed insofar as it ordered a new trial and dismissed plaintiff's recovery for converted goods