Canastrand Industries Ltd. v. Lara S ( The )
A-218-93
Desjardins J.A.
4/11/94
3 pp.
Appeal from trial judgment ([1993] 2 F.C. 553 (T.D.)) -- Trial Judge correctly disposing of case -- As appellants' liability in tort not necessary for disposal of appeal, Court of Appeal not dealing therewith -- Further, first amendment to statement of claim made without leave under Federal Court Rules, R. 421 before statement served but after expiry of relevant period of limitation existing at time of commencement of action -- In view of R. 424, governing situation, questionable whether such amendment could have been made without leave under R. 421 -- As issue not raised on appeal, Court not deciding it although satisfied would have been proper case for granting leave to amend -- Trial Judge correctly rejecting appellants' contention amount of damages should be reduced on account of profits made from sales in different markets one or two years after arrival on account of increase in price of sisal -- General rule for award of damages in carriage of goods by sea to subtract arrived damaged market value of goods from arrived sound market value -- Value of goods one or two years after arrival not arrived damaged market value -- Mere passage of time resulting in fluctuation in market price cannot be used to increase or diminish liability of party in default -- Attempts made herein to obtain best price for damaged goods so as to mitigate losses -- Federal Court Rules, C.R.C., c. 663, RR. 421, 424.