Bertex Fashions Inc. v. Cargonaut Canada Inc.
T-651-93
Nadon J.
29/5/95
15 pp.
Claim in amount of $9,741.60 in respect of loss of 294 ladies' blazers imported by plaintiff from Bulgaria -- Plaintiff importer of men's, ladies' and children's clothing for purpose of resale to various Montréal department stores -- Defendant international freight forwarder specialized in transport of goods to and from Eastern Europe -- Plaintiff purchasing 2,759 ladies' blazers on FOB factory terms for total price of $39,867.55 -- Goods packed for shipment by manufacturer in 116 cartons -- Bill of lading acknowledging receipt by defendant of 116 cartons in good order and condition -- Plaintiff paying defendant approximately $4,500 U.S. in respect of carriage of goods from Bulgaria to Ville St. Laurent -- Upon delivery to plaintiff, cartons almost totally destroyed with number of blazers loose throughout container -- Only 2,465 blazers reached plaintiff's premises -- Whether defendant carrier of plaintiff's goods or simply agent -- Whether liable for plaintiff's loss -- Defendant undertaking to carry goods from point of shipment to point of delivery-Nothing in bill of lading indicating defendant not assuming role of carrier -- Plaintiff unaware of identity of subcarriers chosen by defendant -- Plaintiff not provided with document explaining nature of services offered by defendant -- Defendant acting in capacity of carrier -- Loss of 294 blazers occurring after defendant took over cartons in Bulgaria -- Packing list admissible under Canada Evidence Act, s. 30(1) -- Defendant delivering cartons in damaged condition, prima facie liable for loss of 294 blazers -- Condemned to pay to plaintiff amount of $5,649.42 plus interest, including $4,248.30 representing purchase price from Bulgaria, $479.52 for freight, $372.60 for duties and $549 for labour cost and cost of new boxes -- Action allowed in part -- Canada Evidence Act, R.S.C., 1985, c. C-5, s. 30(1).