Canada Case Law

Middlemass v. North American Van Lines Inc.

Court

Nova Scotia Small Claims Court

The carrier breached the contract (including an implied term) by failing to advise the claimant of the specific original-title documentation required to clear Customs and by not promptly ascertaining requirements after the vehicle was held; therefore the carrier is liable for the claimant's mitigated rental costs of $4,886.00 plus filing fee of $80.00.

Source excerpt

• Breach of contract
• Implied terms
• Mitigation of damages
• Duty to advise
• International vehicle transport

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Canadian Pacific Ltd. v. McCain Produce Co. Ltd. et al.

Court

Supreme Court of Canada

The Supreme Court of Canada held that section 4 of the bill of lading conditions did not bar the respondents’ claim for consequential damages.

• Bills of lading
• Limitation of liability clauses
• Consequential damages
• Bills-of-lading
• Limitation-of-liability-clauses
• Consequential-damages

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Beaver Specialty Ltd. v. Donald H. Bain Ltd.

Court

Supreme Court of Canada

The Supreme Court held the walnuts were to be delivered f.o.b. Toronto, so Beaver had not accepted them under s. 33 and could refuse damaged goods.

• Transfer of property
• Acceptance of goods
• F.o.b. interpretation
• Carrier liability
• Statutory inspection rights (s.33)
• Sale-of-goods

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Charles Goodfellow Lumber Sales Ltd. v. Verreault et al.

Court

Supreme Court of Canada

The Supreme Court of Canada held that the cargo loss was not shown to be due to perils of the sea and that the carrier had not proved due diligence to make the vessel seaworthy.

• Seaworthiness
• Perils of the sea
• Due diligence to make ship seaworthy
• Burden of proof under water carriage of goods act
• Limitation of liability
• Charter/ownership

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Insurance Company of North America v. Colonial Steamships Ltd.

Court

Supreme Court of Canada

The Supreme Court of Canada held that an insurer could not sue as endorsee of bills of lading where the endorsement did not pass property, and allowed the carrier’s general average counterclaim.

• Endorsement of bill of lading
• Section 2 bills of lading act
• Transfer of property by endorsement
• Insurer taking over damaged goods
• Liability for general average contribution
• Termination of carriage and winter storage

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Premier Lumber Co. v. Grand Trunk Pac. Railway Co.

Court

Supreme Court of Canada

Appeal from British Columbia in a lumber shipment dispute turned on misdelivery, notice of loss, and the scope of liability under a standard bill of lading.

• Misdelivery
• Bills of lading
• Notice of loss clause
• Liability of initial carrier for connecting carrier
• Warehouseman liability
• Straight bill of lading

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Montreal Cotton and Wool Waste Co. v. Canada Steamship Lines

Court

Supreme Court of Canada

The Supreme Court of Canada held that a bill of lading valuing goods at shipment required market value at shipment, not the buyer’s contract cost price.

• Measure of damages
• Bill of lading clause interpretation
• Market value vs cost price
• Validity of limitation clause under 9 & 10 ed. vii, ch. 61 s.4
• Carrier-liability
• Bill-of-lading

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Canadian S.S. Lines v. Grain Growers Export Co.

Court

Supreme Court of Canada

The Supreme Court of Canada held that a barge was not seaworthy at the outset and that s. 964 of the Canada Shipping Act did not relieve the carrier from liability.

• Seaworthiness
• Liability for damaged cargo
• Statutory defences
• Canada shipping act s.964
• Cargo-damage
• Statutory-defence

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Wilson v. Canadian Development Co.

Court

Supreme Court of Canada

The Supreme Court of Canada held that a carrier could not rely on a stamped limitation clause to avoid liability for wrongful sale and conversion of goods shipped under an earlier special contract.

• Shipping receipt
• Limitation of liability
• Negligence
• Wrongful conversion
• Bill of lading
• Variation of contract

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Owen v. Outerbridge

Court

Supreme Court of Canada

El Tribunal confirmó la responsabilidad del armador por no transbordar ni entregar a tiempo un cargamento perecedero tras la avería del buque, con daños por conversión.

• Charterparty
• Transhipment
• Perishable goods
• Repairs and reasonable time
• Lien and freight
• Damages for conversion

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