Précis: The Federal Court found that a loss of cargo on the road leg of the carriage was subject to the limitation of liability applicable to road carriage under German law.
Full SummaryATS Automation Tooling Systems Inc. v. Chubb Insurance Company of Canada, 2018 ONSC 6139
Précis: The Ontario Superior Court of Justice refused a motion to temporarily stay domestic proceedings where the same dispute was on-going and subject to final arbitral decision in India.
Full SummaryNine Starz Fruits & Vegetables Inc. v. Schenker of Canada Ltd., 2017 QCCQ 2122
Précis: The Court of Quebec refused motions to dismiss the claim of the plaintiff consignee against a freight forwarder and ship owner on the basis of lack of privity of contract.
Full SummaryDe Wolf Maritime Safety B.V. v. Traffic-Tech International Inc., 2017 FC 23
Précis: A carrier is entitled to limit liability under the Hague-Visby Rules for undeclared deck carriage.
Full SummaryAGF Steel Inc. v. Miller Shipping Limited, 2016 FC 461
Précis: The court held that a transportation services contract between the parties was, in fact, a contract for the charter of a ship and the Hague-Visby Rules did not apply.
Full SummaryAsia Ocean Services, Inc. (UPS Asia Group Pte Ltd) v. Belair Fabrication Ltd, 2015 FC 1141
Précis: The shipper was required to pay dead freight pursuant to the terms of a booking note.
Full SummaryOceanex Inc. v. Praxair Canada Inc., 2014 FC 6
Précis: The shipper was held liable for damage caused to the ship as a consequence of a rupture of a container of liquid oxygen.
Full SummaryThe Mercury XII (aka Wells Fargo) v. The MLT-3, 2012 FC 738, 2013 FCA 96
Précis: The Federal Court of Appeal held that the hire of a tug and barge was not a contract of carriage to which the Hague-Visby Rules applied.
Full SummarySiemens Canada Limited v. J.D. Irving, Limited, 2011 FC 791, 2012 FCA 225
Précis: The Federal Court of Appeal upheld the decision of the trial Judge enjoining proceedings in a provincial superior court while a limitation action was proceeding.
Full SummaryCami Automotive, Inc v. Westwood Shipping Lines Inc, 2009 FC 664, 2012 FCA 16
Précis: The Federal Court of Appeal upheld a decision of the Federal Court holding that a rail carrier could choose the limitation that was the most beneficial to it.
Full Summary