Nov
09

Limitation and Notice Periods in Transportation Law

posted on November 9th 2015 in Articles & Limitation and exclusion of liability with 0 Comments

This is a summary of commonly applicable limitation and notice periods in the transportation industry. "Limitation period" refers to the deadline to institute an action before a court or tribunal of competent jurisdiction (depending on the jurisdiction or chosen method of dispute resolution, these are often referred to as a "Statement of Claim", "Motion to [...] Read Article
Nov
08

Bombardier Inc. V. Canadian Pacific Ltd. – Part II :: Analysis of Reasons for Decision

J. KENRICK SPROULE (Originally published in Seaports and the Shipping World – September 1992 Issue) In the August 1992 edition of Seaports this column described the facts giving rise to the Ontario Court of Appeal’s decision in this case. To briefly summarize, in December, 1982 Mitsubishi sold and shipped from Kobe, Japan three containers of [...] Read Article
Nov
08

Bombardier Inc. V. Canadian Pacific Ltd. – Part I :: Ontario C.A. Rules on the Rail Tariff

J. KENRICK SPROULE (Originally published in Seaports and the Shipping World – August 1992 Issue) The facts giving rise to Bombardier Inc. v. Canadian Pacific Ltd. 7 O.R. (3d) 559, a case which took nearly ten years to bring to the Ontario Court of Appeal, are not particularly complicated. However, the case involves some interesting, [...] Read Article
Nov
08

Trucker’s Liability Limit is Based on Total Weight Of Shipment: Quebec Superior Court Rules that Trucker’s Liability Limit is Based on Contract Weight, Not the Weight of the Cargo Actually Carried.

posted on November 8th 2015 in Articles & Limitation and exclusion of liability with 0 Comments

SHAWN K. FAGUY Our firm represented St. Paul Travelers (“Travelers”), the subrogated insurer of Boutique Jacob Inc. (“Jacob”), a well – known clothing retailer. Some of Jacob’s merchandise was destroyed by fire whilst being trucked westward from Montreal. Our mandate was to recover as much as possible for our client. Jacob had a contract with [...] Read Article
Nov
08

Limitation of Liability and The Notion of Vicarious Immunity

posted on November 8th 2015 in Articles & Limitation and exclusion of liability with 0 Comments

J. KENRICK SPROULE (Originally published in Seaports and the Shipping World – November 1991 Issue) The right of a third party to avail itself of an immunity or limitation clause has progressed significantly over the past thirty-five years. The doctrine of privity of contract had previously precluded, for example, a stevedore from relying upon an [...] Read Article
Nov
08

Inapplicability of Exclusion of Liability: Landlord’s attempt to get off the hook in fire damage case goes up in Smoke

posted on November 8th 2015 in Articles & Limitation and exclusion of liability with 0 Comments

By Shawn Faguy We represented Commercial Union Insurance Company (“Commercial Union”), the subrogated insurer of Kaid Industries Inc.(the “Tenant”), a local Montreal clothing importer, in an action for damages resulting from a fire at 9500 Meilleur Street inMontreal, a commercial building owned andoperated by the defendants, C.I.O. Holdings Ltd., Fantastex Fabrics Inc., 107685 Canada Inc. [...] Read Article
Nov
08

General Average and the Msc Sabrina

posted on November 8th 2015 in Articles & General Average with 0 Comments

SHAWN K. FAGUY This article outlines the basic principles involved in general average within the context of the recent grounding of the MSC Sabrina near Three Rivers on March 8, 2008. General average and a general average adjustment can be an extremely complicated, labour intensive and protracted process; however, understanding a few key principles will [...] Read Article
Nov
08

Inherent Vice in Marine Insurance Law: The Case Of the “Bengal Enterprise” T.M. Noten B.V. V. Paul Charles Harding

posted on November 8th 2015 in Articles & Inherent Vice in Marine Insurance Law with 0 Comments

(Originally published in Seaports and the Shipping World – September 1990 Issue) J. KENRICK SPROULE Perhaps one of the most confounding issues in marine insurance law involves the inherent vice exclusion. When goods are insured on all risks basis the usual terms exclude loss, damage or expense proximately caused by inherent vie or nature of [...] Read Article