Canada Case Law

Fortus Group Inc. v Hawboldt Industries Ltd.

Court

Nova Scotia Small Claims Court

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.

Source excerpt

• Freight brokerage
• Carrier liability
• Bill of lading
• Breach of contract
• Claims handling
• Packaging and causation

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Canamax Holding Inc v. Nonghao Freight Inc

Court

Federal Court

The Federal Court dismissed Canamax’s motion for an interim injunction over a vehicle shipment dispute, finding a serious issue but no irreparable harm.

• Interlocutory injunction
• Bill of lading
• Contract of carriage
• Ownership/title of goods
• Irreparable harm
• Balance of convenience

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Great White Fleet v. Arc-En-Ciel Produce Inc.

Court

Federal Court of Appeal

The Federal Court of Appeal allowed the appeal because the Federal Court erred in failing to determine whether s.46 of the Marine Liability Act applied and in applying the wrong burden/test; the matter is remitted to a different Federal Court judge to determine applicability of s.46 (if s.46 applies, apply forum non conveniens; if not, consider whether plaintiff has shown strong cause).

Source excerpt

• Forum selection clause
• Forum non conveniens
• Strong cause test
• Marine liability act s.46
• Bill of lading
• Stay of proceedings

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FFAF Cargo v. Connors Transfer Ltd.

Court

Nova Scotia Small Claims Court

The adjudicator held that Connors was liable for the temperature-related losses but the contractual $2.00 per pound limitation applied; the categorical exclusion for fish/lobster was unconscionable in the parties' context and unenforceable; the $2.00 limit applies to the total weight of each individual shipment (per customer load), not merely to damaged weight nor to the aggregate across all four customer shipments; damages limited to $11,175.80 and awarded to claimant.

Source excerpt

• Limitation of liability
• Carrier liability
• Bill of lading
• Exclusion clauses
• Contract interpretation
• Subrogation

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Arc-En-Ciel Produce Inc. v. MSC Belle (Ship)

Court

Federal Court

The Court exercised its discretion under s.50(1) of the Federal Courts Act and found that the plaintiff demonstrated a "strong cause" to deny the stay; the defendant could not rely wholly on s.46 of the Marine Liability Act to compel dismissal in favour of proceedings in New York on the record before the Court; accordingly the motions to stay were dismissed with costs to the plaintiff.

Source excerpt

• Forum selection clause
• Jurisdiction clause
• Bill of lading
• Service contract incorporation
• Marine liability act s.46
• Stay of proceedings

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Shaw v. Sameday Worldwide, Division of Day & Ross Inc.

Court

Nova Scotia Small Claims Court

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.

Source excerpt

• Bill of lading
• Limitation of liability
• Carrier liability
• Agency
• Damages

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

Court

Supreme Court of British Columbia

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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Byatt International S.A. v. Canworld Shipping Company Limited

Court

British Columbia Court of Appeal

Court of Appeal held the chambers judge erred by deciding interpleaded freight funds on fairness without first determining legal entitlement. Appeal allowed.

• Lien on freight
• Bill of lading
• Directing freight
• Interpleader
• Settlement agreement effect
• Unjust enrichment

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Mercury XII (Ship) v. MLT-3 (Belle Copper No. 3)

Court

Federal Court of Appeal

The Federal Court of Appeal dismissed the appeal because Mercury failed to prove on the balance of probabilities that its agreement with Mr White was a contract for the carriage of goods rather than a charter-party; consequently subsection 43(2) did not apply and the Hague-Visby one-year limitation did not bar C & C's tort claim.

Source excerpt

• Hague-visby rules
• Marine liability act
• Limitation period
• Charterparty vs contract of carriage
• Bill of lading

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Kuehne + Nagel Ltd. v. Agrimax Ltd.

Court

Federal Court

Summary judgment was granted for a freight forwarder seeking freight and demurrage, after the court held it was unlawful to alter a truthful on-board bill of lading.

• Bill of lading
• Fraudulent documents
• Letters of indemnity
• Foreign currency conversion
• Pre-judgment interest
• Set off

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