AIR LAW |
Green Computer in Sweden AB v. Federal Express Corp.
T-452-01
2003 FCT 587, Martineau J.
13/5/03
6 pp.
Motion to set aside order of Prothonotary Morneau plaintiffs entitled to $851 plus interest--Prothonotary determined defendants entitled to limit liability under Art. 22(2) of Convention for the Unification of Certain Rules Relating to International Carriage by Air as amended by the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention)--Plaintiffs contending Prothonotary erred in law in allowing defendants to limit liability under Art. 22(2) of the Warsaw Convention since Art. 18(3) provides "the period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome"--Prothonotary considered carriage of cargo took place "in the performance of contract for carriage by air"-- Relied on legal presumption established by Art. 18(3)-- Finding reasonably open to Prothonotary, should not be overturned--Legal presumption created by Art. 18(3) when cannot be determined where exactly package lost, damaged, stolen--No actual "proof to the contrary"--Prothonotary did not err in interpretation, application of Warsaw Convention-- Motion dismissed--Carriage by Air Act, R.S.C., 1985, c. C-26, Sch. I, Art. 18; Sch. III, Art. 22.