The appellant railway company appealed the dismissal of its claim for demurrage charges against the respondent shippers.
The appellant argued it was entitled to charge demurrage under its published tariffs pursuant to the Canada Transportation Act, even without a contract.
The Court of Appeal dismissed the appeal, holding that a contract, express or implied, is required to charge demurrage.
The court found no error in the trial judge's conclusion that no implied contract existed given the respondents' repeated refusals to pay, nor was there any unjust enrichment.
