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The bills of lading relied upon by the defendant were materially defective (missing signatures, incorrect consignee and omitted declared value), therefore the defendant could not invoke the bill of lading limitation of liability and was liable to pay the claimant the full claimed amount of $2,173.03.
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The Federal Court dismissed, by consent and without costs, all proceedings and third party actions after the parties settled the dispute.
The Supreme Court held that aircraft lessors were not personally liable for unpaid navigation charges, but airlines’ aircraft could still be detained to secure payment.
The Court agreed with Hoy J. that the Agreement and the Bills of Lading had to be read together and consequently the appellant was required to give 60 days written notice of liability for a claim based on delay.
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The Supreme Court of Canada held that Ontario could recover cleanup and restoration costs from a negligent driver because the highway was physically damaged, not merely economically affected.
The Supreme Court held the Motor Transport Board did not exceed jurisdiction by considering Purolator’s operations and could amend both intra- and extra-provincial certificates.
The Supreme Court of Canada held that section 4 of the bill of lading conditions did not bar the respondents’ claim for consequential damages.
The Supreme Court of Canada dismissed Purolator Courier’s appeal, leaving intact the lower courts’ ruling on carrier liability for delay-related damages.
The Supreme Court of Canada held that Alberta’s transport board could validly license an extraprovincial undertaking and that federal penalty provisions did not displace provincial seizure powers.
The Supreme Court dismissed an appeal concerning railway rates on flour moving, holding there was no error in treating demurrage charges as included in “rates” under the Railway Act.
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