Summary Judgment Granted In Claim For Subrogated Damages: Sanofi Pasteur Ltd v UPS SCS Inc, 2014 ONSC 2695

The action arose after the plaintiff, a pharmaceutical company, entered into an agreement (the "Agreement") with one of the defendants, UPS SCS ("UPS"), pursuant to which UPS was to store vaccines belonging to the plaintiff in a temperature-controlled environment. Unfortunately, unbeknownst to UPS employees, the cooler in which the vaccines were being stored malfunctioned, and the vaccines, after spending a weekend in an excessively cool environment, were unsellable. The plaintiff's insurer brought a subrogated claim for damages of $8,259,934.48 against UPS and the companies which had manufactured and maintained the cooling system. All defendants brought a motion for summary judgment which was granted by the Ontario Superior Court of Justice.