PRACTICE |
Pleadings |
Amendments |
Canadian Red Cross Society v. Air Canada
T-2053-99
2001 FCT 1012, Morneau P.
11/9/01
9 pp.
Motion to amend filed by plaintiff under r. 75 to add Alpha Therapeutic as plaintiff in style of cause--After merchandise belonging to Red Cross severely damaged during flight between Los Angeles and Ottawa, Red Cross filed action for damages specifically against Air Canada as carrier--Action brought solely by Red Cross within two-year limitation period stipulated by Warsaw Convention, art. 29--Action could not also interrupt limitation period with regard to Alpha--Applicable reasoning and conclusion therefrom found in Newfoundland Steamships Ltd. v. Canada Steamships Lines, Ltd., [1980] 2 F.C. 134 (C.A.)--Plaintiffs not seeking to correct misnomer or overcome mere technicality--Red Cross aware from outset of Alpha's existence as separate entity--Two separate entities had right of action against defendants but for reasons unknown to Court only one exercised right of action within appropriate period--Alpha's right of action statute barred--Motion dismissed--Federal Court Rules, 1998, SOR/98-106, r. 75--Convention for the Unification of Certain Rules Relating to International Carriage by Air. Warsaw, October 12, 1929, art. 29.