Carrier's Liability: Difference between revisions
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==<i>Bombardier Inc. v. Canadian Pacific Ltd.,</i> 1991 CanLII 7159 (ON CA)<ref name="Bombardier"/>== | ==<i>Bombardier Inc. v. Canadian Pacific Ltd.,</i> 1991 CanLII 7159 (ON CA)<ref name="Bombardier"/>== | ||
The carrier's liabilities must usually extend beyond as well as precede the actual period of transit; first, there is usually an interval between the receipt of the goods and their departure; next, there is the time which in most cases must necessarily intervene between the arrival of the goods at the place of destination and the delivery to the consignee. <b><u>His liability ends only where there has been delivery, actual or constructive.</b></u> | The carrier's liabilities must usually extend beyond as well as precede the actual period of transit; first, there is usually an interval between the receipt of the goods and their departure; next, there is the time which in most cases must necessarily intervene between the arrival of the goods at the place of destination and the delivery to the consignee. <span style=background:yellow><b><u>His liability ends only where there has been delivery, actual or constructive.</b></u></span> | ||
<ref name="Bombardier"><i>Bombardier Inc. v. Canadian Pacific Ltd.,</i> 1991 CanLII 7159 (ON CA), <https://canlii.ca/t/g1dd3>, retrieved on 2023-01-26</ref> | <ref name="Bombardier"><i>Bombardier Inc. v. Canadian Pacific Ltd.,</i> 1991 CanLII 7159 (ON CA), <https://canlii.ca/t/g1dd3>, retrieved on 2023-01-26</ref> | ||
==<i>Peter Cortesis Jeweller Ltd. v. Purolator Courier Ltd.,</i> 1981 CanLII 1882 (ON SC)<ref name="Peter"/>== | |||
Two recent Supreme Court of Ontario cases: Cornwall Gravel Co. Ltd. v. Purolator Courier Ltd. et al. (1978), 1978 CanLII 1384 (ON SC), 18 O.R. (2d) 551, 83 D.L.R. (3d) 267,<ref name="CornwallTrial"/> affirmed by the Court of Appeal 11/4/ 79 [since reported 1979 CanLII 64 (ON CA), 28 O.R. (2d) 704n, 115 D.L.R. (3d) 511n, 32 N.R. 596n;<ref name="CornwallAppeal"/> affirmed 1980 CanLII 35 (SCC), [1980] 2 S.C.R. 118n, 120 D.L.R. (3d) 575n, 32 N.R. 594n]<ref name="CornwallSupreme"/> and Cathcart Inspection Services Ltd. v. Purolator Courier Ltd. (1981), 1981 CanLII 1628 (ON SC), 34 O.R. (2d) 187, 11 A.C.W.S. (2d) 257,<ref name="Cathcart"/> have considered the carrier's liability for consequential loss arising from delay and non-delivery respectively. Here, however, we are concerned with a claim for damages not for consequential loss <b><U><span style=background:yellow>but for loss of the article itself and a limitation of liability clause which has been amended considerably in an effort to limit liability for consequential damages. </span></b></u> | |||
(...) | |||
Here the pearls were not delivered to their intended destination nor were they returned to the plaintiff. No explanation was given to justify their loss. <b><U><span style=background:yellow>Under the circumstances the defendant has failed to discharge the onus upon it and is liable for the value of the lost parcel unless such liability is limited by the regulations pursuant to the Public Commercial Vehicles Act or the contract between the parties.</span></b></u> | |||
<ref name="Peter><i>Peter Cortesis Jeweller Ltd. v. Purolator Courier Ltd.,</i> 1981 CanLII 1882 (ON SC), <https://canlii.ca/t/g15gf>, retrieved on 2023-01-26</ref> | |||
<ref name="CornwallTrial"><i>Cornwall Gravel Co. Ltd. v. Purolator Courier Ltd. et al.,</i> 1978 CanLII 1384 (ON SC), <https://canlii.ca/t/g1f0s>, retrieved on 2023-01-26</ref> | |||
<ref name="CornwallAppeal"><i>Purolator Courier v. Cornwall Gravel,</i> 1979 CanLII 64 (ON CA), <https://canlii.ca/t/1vm6n>, retrieved on 2023-01-26</ref> | |||
<ref name="CornwallSupreme"><i> | |||
Purolator Courier v. Cornwall Gravel, 1980 CanLII 35 (SCC),</i> [1980] 2 SCR 118, <https://canlii.ca/t/1tx9t>, retrieved on 2023-01-26</ref> | |||
<ref name="Cathcart"><i>Cathcart Inspection Services Ltd. v. Purolator Courier Ltd.,</i> 1981 CanLII 1628 (ON SC), <https://canlii.ca/t/g1jr1>, retrieved on 2023-01-26</ref> | |||
==ff== | |||
Hi-Tech Business Systems v. Purolator (1996), 1996 CanLII 19948 (AB PC), <https://canlii.ca/t/gqflw>, retrieved on 2023-01-26 | |||
consequential loss | |||
fundamental breach | |||
==References== | ==References== | ||
Latest revision as of 04:35, 27 January 2023
Bombardier Inc. v. Canadian Pacific Ltd., 1991 CanLII 7159 (ON CA)[1]
The carrier's liabilities must usually extend beyond as well as precede the actual period of transit; first, there is usually an interval between the receipt of the goods and their departure; next, there is the time which in most cases must necessarily intervene between the arrival of the goods at the place of destination and the delivery to the consignee. His liability ends only where there has been delivery, actual or constructive.
Peter Cortesis Jeweller Ltd. v. Purolator Courier Ltd., 1981 CanLII 1882 (ON SC)[2]
Two recent Supreme Court of Ontario cases: Cornwall Gravel Co. Ltd. v. Purolator Courier Ltd. et al. (1978), 1978 CanLII 1384 (ON SC), 18 O.R. (2d) 551, 83 D.L.R. (3d) 267,[3] affirmed by the Court of Appeal 11/4/ 79 [since reported 1979 CanLII 64 (ON CA), 28 O.R. (2d) 704n, 115 D.L.R. (3d) 511n, 32 N.R. 596n;[4] affirmed 1980 CanLII 35 (SCC), [1980] 2 S.C.R. 118n, 120 D.L.R. (3d) 575n, 32 N.R. 594n][5] and Cathcart Inspection Services Ltd. v. Purolator Courier Ltd. (1981), 1981 CanLII 1628 (ON SC), 34 O.R. (2d) 187, 11 A.C.W.S. (2d) 257,[6] have considered the carrier's liability for consequential loss arising from delay and non-delivery respectively. Here, however, we are concerned with a claim for damages not for consequential loss but for loss of the article itself and a limitation of liability clause which has been amended considerably in an effort to limit liability for consequential damages.
(...)
Here the pearls were not delivered to their intended destination nor were they returned to the plaintiff. No explanation was given to justify their loss. Under the circumstances the defendant has failed to discharge the onus upon it and is liable for the value of the lost parcel unless such liability is limited by the regulations pursuant to the Public Commercial Vehicles Act or the contract between the parties.
ff
Hi-Tech Business Systems v. Purolator (1996), 1996 CanLII 19948 (AB PC), <https://canlii.ca/t/gqflw>, retrieved on 2023-01-26 consequential loss fundamental breach
References
- ↑ 1.0 1.1 Bombardier Inc. v. Canadian Pacific Ltd., 1991 CanLII 7159 (ON CA), <https://canlii.ca/t/g1dd3>, retrieved on 2023-01-26
- ↑ 2.0 2.1 Peter Cortesis Jeweller Ltd. v. Purolator Courier Ltd., 1981 CanLII 1882 (ON SC), <https://canlii.ca/t/g15gf>, retrieved on 2023-01-26
- ↑ 3.0 3.1 Cornwall Gravel Co. Ltd. v. Purolator Courier Ltd. et al., 1978 CanLII 1384 (ON SC), <https://canlii.ca/t/g1f0s>, retrieved on 2023-01-26
- ↑ 4.0 4.1 Purolator Courier v. Cornwall Gravel, 1979 CanLII 64 (ON CA), <https://canlii.ca/t/1vm6n>, retrieved on 2023-01-26
- ↑ 5.0 5.1 Purolator Courier v. Cornwall Gravel, 1980 CanLII 35 (SCC), [1980] 2 SCR 118, <https://canlii.ca/t/1tx9t>, retrieved on 2023-01-26
- ↑ 6.0 6.1 Cathcart Inspection Services Ltd. v. Purolator Courier Ltd., 1981 CanLII 1628 (ON SC), <https://canlii.ca/t/g1jr1>, retrieved on 2023-01-26
