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Canada Case Law

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Transportation / carriage of goods 2013 BCSC 2367

0813054 B.C. Ltd. v. Overland West Freight Lines Ltd.

Summary trial over loss of building components in transit. The court held the bill of lading could not limit Overland’s liability and awarded the plaintiff full loss plus $5,000 consequential damages.

  • Bill of lading
  • Limitation of liability
  • Specified conditions of carriage
  • Motor vehicle act regulations s.37.39
  • Consequential damages
  • Hadley v. baxendale foreseeability
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Sale of goods 2007 BCSC 570

Bevo Farms Ltd. v. Veg Gro Inc.

Summary trial in a sale of goods dispute: the court held it had jurisdiction, dismissed a forum challenge, and awarded Bevo Farms unpaid invoices.

  • Risk of loss
  • Passage of property
  • Carrier liability
  • Reasonable contract with carrier (s.36)
  • Forum non conveniens / jurisdiction
  • Summary trial (rule 18a)
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.