Canadian Pacific Railway Co v Boutique Jacob Inc – Federal Court of Appeal (Noel, Nadon and Pelletier JJA) – 6 March 2008
Carriage of goods by sea and rail – Carrier contracting with cargo owner to carry cargo from Hong Kong to Montreal – Carrier contracting with ocean carrier – Ocean carrier contracting with railway company to carry cargo from Vancouver to Montreal – Cargo damaged as result of train derailment – Whether cargo owner “shipper” within meaning of section 137 of Canada Shipping Act 1996 – Whether rail carrier entitled to limit liability
Boutique Jacob Inc owned a cargo of women’s garments which it purchased in Hong Kong. The cargo consisted of 16,740 garments in 1,605 cartons having a total weight of 10,549 kilos. Boutique Jacob retained Panalpina Inc (“Panalpina Canada”), a freight forwarder, to arrange for the carriage of the cargo from Hong Kong to Montreal. Through Panalpina Canada’s agency, Boutique Jacob entered into a contract of carriage with Pantainer Ltd (“Pantainer”), a non-vessel operating carrier, to carry the cargo from Hong Kong to Montreal.
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Michael Daiches, Barrister
Jun 4 2008
