Montreal Trust Co. et al. v. Canadian Pacific Airlines Ltd., [1977] 2 S.C.R. 793 (1976)

Supreme Court of Canada

Montreal Trust Co. et al. v. Canadian Pacific Airlines Ltd., [1977] 2 S.C.R. 793

Date: 1976-12-20

Montreal Trust Company, Robert Jack Stampleman and Arthur Howard Stampleman ès qual, et al. (Plaintiffs) Appellants;

and

Canadian Pacific Airlines Ltd. (Defendant) Respondent,

and

Dora Eileen Hallam et al. Intervenants.

1976: June 10 and 11; 1976: December 20.

Present: Laskin C.J. and Martland, Judson, Ritchie, Spence, Pigeon and Dickson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC

Air law-Death of a passenger and loss of baggage-Clause limiting the liability of the carrier-Notice not in accordance with the requirements of the Hague Protocol-Carriage by Air Act, R.S.C. 1970, c. C-14, Schedule I (Warsaw Convention), Arts. 3 and 4 and Schedule III (Hague Protocol), Arts. 3(l)(c), 3(2), 4(1)(c) and 22.

As a result of the death of Joseph Irving Stampleman and the loss or destruction of his baggage in the crash of a Canadian Pacific Airlines Limited aircraft at Tokyo International Airport, appellants, the executor and the two sons of Stampleman, had commenced an action for damages....

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