SC International Enterprises Inc. v. Consolidated Freightways Corp.

In Carriage of Goods by Road/Rail on (Updated )

This case concerned shortage to a cargo shipped from Mexico to New Jersey. The shortage was discovered during the course of carriage at Laredo, Texas. The issue in this motion was whether British Columbia was an appropriate jurisdiction. The motions Judge held that British Columbia had jurisdiction to hear the dispute based on the facts that the Plaintiff resided in British Columbia, the invoicing and payment for the shipment occurred in British Columbia and the damages were suffered in British Columbia. However, the Judge held that either Mexico or Texas would be a more convenient forum since the witnesses would be in those locations, the loss occurred in one of those locations and it might be necessary to prove the law of one of those locations. Accordingly, the Judge held that the case should be heard in either Mexico or Texas if the Defendants agreed. Absent an agreement, the British Columbia Supreme Court would assume jurisdiction.