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ARTICLE · 18 NOVEMBER 2024

Transport Tangles: Liability Limits And Insurance Agreements

CLC (Canadian Litigation Counsel)
Explore more from CLC (Canadian Litigation Counsel)

The Plaintiff and the Defendant entered into a transport agreement, under which the Defendant was responsible for transporting the Plaintiff's goods between its depots in Calgary and Edmonton.

CanadaTransport
Sarah Holder (Brownlee LLP)
Sarah Holder (Brownlee LLP)

Calgary Core-Mark International Inc. v. Direct Integrated Transportation Ulc, 2024 ABKB 637

The Plaintiff and the Defendant entered into a transport agreement, under which the Defendant was responsible for transporting the Plaintiff's goods between its depots in Calgary and Edmonton.

On November 22, 2021 a trailer full of stock belonging to the Plaintiff was stolen while in the care of the Defendant. Notably, the trailer contained a significant quantity of tobacco and cigarettes, the wholesale replacement cost of which was claimed at $534,451.78.

The Plaintiff claimed for the full wholesale replacement cost of the shipment. The Defendant relied on the statutory $2/lb. cap, a contractual $2/lb. liability cap, and the lack of signature on the bill of lading, and sought to limit the claim to $38,894.00 for shipment, which weighed 19,477lbs.

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