Canadian Pacific Ltd. v. McCain Produce Co. Ltd. et al.

[1981] 2 SCR 219 Court SCC Decision date 1981-06-25 English

PartiesCanadian Pacific Limited (Defendant) Appellant·McCain Produce Company Limited, Toner Brothers Limited and Pirie Potato Company Limited (Plaintiffs) Respondents

Counsel (4)

E. Neil McKelvey and Robert G. Vincent, for the appellant.
D.M. Gillis, Q.C., and R.G. Gillis, for the respondents.
Solicitors for the appellant: McKelvey, Macaulay, Machum, St. John.
Solicitors for the respondents: Gilbert, McGloan, Gillis & Jones, St. John.

Judges Martland, Ronald; Ritchie, Roland Almon; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien

Decision 4–1 Majority (4) · MARTLAND J. (1)

On appeal from New Brunswick

Subjects Transportation

Contents

Majority

The judgment of the Court was delivered orally by

MARTLAND J.

MARTLAND J.—We are all of the opinion that the judgments in the courts below were correct in holding that section 4 of the conditions attached to the bill of lading does not have the effect of precluding the respondent’s claim for what has been compendiously described in the judgments below as consequential damages. The appeal is therefore dismissed with costs.

Judgment accordingly.

Solicitors for the appellant: McKelvey, Macaulay, Machum, St. John.

Solicitors for the respondents: Gilbert, McGloan, Gillis & Jones, St. John.

Footnotes

[1] (1980), 113 D.L.R. (3d) 584, 30 N.B.R. (2d) 476, 70 A.P.R. 476.

Statutes and regulations cited

Unresolved citations
- section 4