Exalta Transport Corp. v. C & A Industries Inc.

This matter involved the failure of a road carrier to notify the shipper of the unsuccessful delivery of cargo. Pursuant to the applicable Alberta statute, the uniform conditions of carriage applied regardless of whether a proper bill of lading was issued. The issue was whether the statutory limitation applied in these circumstances. The statutory limitation provisions refer only to compensation arising out of “any loss or damage to” the cargo. On a thorough reading of the statute, the Court interpreted these provisions to not include a failure to notify on non-delivery and held that the carrier was unable to limit its liability.