Supreme Court of Canada

Canadian Pacific Ltd. v. McCain Produce Co. Ltd. et al., [1981] 2 S.C.R. 219

Date: 1981-06-25

Canadian Pacific Limited (Defendant) Appellant;

and

McCain Produce Company Limited, Toner Brothers Limited and Pirie Potato Company Limited (Plaintiffs) Respondents.

1981: June 25.

Present: Martland, Ritchie, Estey, McIntyre and Chouinard JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR NEW BRUNSWICK

Carriage of goods—Bills of lading—Section of conditions attached to bill of lading allegedly limiting liability—Respondent’s claim for consequential damages not precluded by that section.

APPEAL from a judgment of the Court of Appeal for New Brunswick[^1], varying a judgment of Barry J. Appeal dismissed.

E. Neil McKelvey and Robert G. Vincent, for the appellant.

D.M. Gillis, Q.C., and R.G. Gillis, for the respondents.

The judgment of the Court was delivered orally by

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.

[^1]: (1980), 1980 CanLII 2473 (NB CA), 113 D.L.R. (3d) 584, 30 N.B.R. (2d) 476, 70 A.P.R. 476.