Date: 20040316
Docket: A-256-03
Citation: 2004 FCA 111
CORAM: RICHARD C.J.
BETWEEN:
GREEN COMPUTER IN SWEDEN AB
and
POWER GROUP & ASSOCIATES
Plaintiffs/Appellants
and
FEDERAL EXPRESS CORPORATION
and
UNIVERSAL FDX AB
and
FEDERAL EXPRESS CANADA LIMITED
and
ALL FEDERAL EXPRESS CORPORATION'S
AFFILIATED, ASSOCIATED
AND SUBSIDIARY COMPANIES
Defendants/Respondents
Heard at Montréal, Quebec, on March 15, 2004.
Judgment delivered at Montréal, Quebec, on March 15, 2004
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20040316
Docket: A-256-03
Citation: 2004 FCA 111
CORAM: RICHARD C.J.
BETWEEN:
GREEN COMPUTER IN SWEDEN AB
and
POWER GROUP & ASSOCIATES
Plaintiffs/Appellants
and
FEDERAL EXPRESS CORPORATION
and
UNIVERSAL FDX AB
and
FEDERAL EXPRESS CANADA LIMITED
and
ALL FEDERAL EXPRESS CORPORATION'S
AFFILIATED, ASSOCIATED
AND SUBSIDIARY COMPANIES
Defendants/Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on March 15, 2004)
[1] We are of the view that this appeal cannot succeed.
[2] Judge Martineau correctly concluded that subsection 18(3) of the Warsaw Convention, which was incorporated into Canadian Law by the Carriage by Air Act, creates a presumption to the effect that when a carriage by land, sea or river outside an aerodrome takes place in the performance of the contract of carriage by air in order to load, deliver or tranship, a loss is presumed to occur during the carriage by air, unless it is established that said loss occurred elsewhere.
[3] As this presumption was not rebutted, Judge Martineau properly held that the loss occurred during carriage by air and that the limitation of liability provided for in Article 22 of the Warsaw Convention applied.
[4] The appeal will be dismissed with costs.
« Marc Noël »
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-256-03
APPEAL FROM A ORDER OF THE TRIAL DIVISION DATED MAY 13, 2003, NO. T-452-00.
STYLE OF CAUSE: GREEN COMPUTER IN SWEDEN AB
and
POWER GROUP & ASSOCIATES
Plaintiffs/Appellants
and
FEDERAL EXPRESS CORPORATION
and
UNIVERSAL FDX AB
and
FEDERAL EXPRESS CANADA LIMITED
and
ALL FEDERAL EXPRESS CORPORATION'S
AFFILIATED, ASSOCIATED
AND SUBSIDIARY COMPANIES
Defendants/Respondents
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 15, 2004
REASONS FOR JUDGMENT OF THE COURT: RICHARD C.J., NOËL, PELLETIER, JJ.A.
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
|
Mr. J, Kenrick Sproule |
FOR THE APPELLANTS |
|
Mr. Nicolas Plourde |
FOR THE RESPONDENTS |
SOLICITORS OF RECORD:
|
THE LAW OFFICE OF J. KENRICK SPROULE Montréal, Quebec |
FOR THE APPELLANTS
|
|
HEENAN BLAIKIE Montréal, Quebec |
FOR THE RESPONDENTS |