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North Ridge Fishing Ltd. et al. v. The Prosperity, 2000 BCSC 1124

In Collisions and Ships on (Updated )

This action arose out of a shotgun opening in the roe herring fishery, an event described by the Court as "a most unusual maritime adventure where, from an opening ‘gun’, many vessels -sometimes dozens- would set their nets at speed in very close proximity during a short period of time". During the course of the opening the Defendant vessel "Prosperity" …

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Nuvo Electronics Inc. v. London Assurance et al., 2000 CanLII 22388

In Carriage of Goods by Air on (Updated )

This matter arose out of the loss of 15 cartons of integrated circuits valued at US$1,403,000 and carried by air from San Francisco to Toronto. The shipment left San Franciso on August 10, 1996, and arrived at Toronto on the morning of August 11, 1996. It was then placed in the Air Canada cargo warehouse but was never seen again. …

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Haldane Products Inc. v. United Parcel Service Canada Ltd., 1999 No. 23258 (Ont. S.C.).

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

Although not a sea carriage matter, this case is nevertheless of interest. The Plaintiff entered into a contract with UPS for the carriage of cargo to Vancouver. The contract was governed by UPS’s service conditions which were provided to the Plaintiff in advance. These conditions provided that the liability of UPS was limited to $100 for loss of or damage …

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MacKay v. Scott Packing & Warehousing Co., 1999 CanLII 7401

In Carriage of Goods by Sea on (Updated )

This was a reference to determine the damages of the Plaintiff based upon a limitation of liability clause contained in the contract of carriage. The limitation clause limited the defendant’s liability to 10 pounds sterling per cubic foot of the cubic capacity of the item lost or damaged or, at the Defendant’s option, to the cost of repair or replacement. …

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North American Van Lines v. Rosenau Transport Ltd., 1998 ABPC 149

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

This was an action for damage to a cargo of photocopiers. The Court held that the damage was caused by the negligence of the Defendant in failing to properly secure the photocopiers for transit. The defence was that there was an agreement between the parties that the Defendant would not be liable for any damage. The evidence was that the …

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Conrad v. Snair, 1995 CanLII 4175

In Collisions and Ships on (Updated )

This case involved a collision at night between a Boston Whaler and an anchored unlit sailboat. As a result of the collision, a passenger of the Boston Whaler was seriously injured. The issues concerned the liability for the collision, contributory negligence, and limitation of liability. Both the trial Judge and the Court of Appeal found that the driver of the …

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Meurin v. Canadian Airlines International Inc., (May 13, 1994) No.P9190100730 (Alta. Prov. Ct.)

In Carriage of Goods by Air on (Updated )

The Plaintiff purchased a ticket from Canadian Airlines for travel from Calgary to Montreal via Toronto. Canadian Airlines cancelled its flight from Calgary to Toronto and substituted a flight with Air Canada. The Plaintiff delivered her luggage to Air Canada and flew from Calgary to Toronto with Air Canada. Her luggage was to be transferred to Canadian in Toronto as …

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