This appeal from a judgment of the New Brunswick Court of Queen’s Bench addresses many of the arguments usually advanced to defeat a carrier’s right to limit liability pursuant to the Uniform Conditions of Carriage in force in most provinces. The case concerned the loss of a package valued at $1,350. The carrier accepted liability but relied on its limitation …
Full SummaryShooters Production Services Inc. v. Arnold Bros. Transport Ltd., 2003 BCSC 92
This was an action for damage to a trailer transported by the Defendant from Ontario to British Columbia. The Defendant carrier argued that it was not liable because it had been agreed that the Plaintiff would provide insurance and because a final statement of claim was not issued within 9 months. Moreover, the Defendant argued that it was entitled to …
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