Kalmer v. Greyhound Lines of Canada Ltd., (1979) 30 A.R. 124 (QB)

• Judge: McFadyen, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 12, 1979
• Citations: (1979), 30 A.R. 124 (QB)

Kalmer v. Greyhound (1979), 30 A.R. 124 (QB)

MLB headnote and full text

Kalmer v. Greyhound Lines of Canada Ltd.

(No. 73477)

Indexed As: Kalmer v. Greyhound Lines of Canada Ltd.

Alberta Court of Queen's Bench

Judicial District of Lethbridge

McFadyen, J.

September 12, 1979.

Summary:

A customer of a bus company claimed for the value of two watches stolen from his luggage which was checked at the ticket counter of the bus company. The Alberta Court of Queen's Bench allowed the customer's claim and awarded the customer damages of $900.

Carriers - Topic 6328

Liability for goods - Limitations, by contract - Notice of limitation to customer - The plaintiff checked his luggage at the ticket counter of a bus company - Two watches were stolen from the luggage - The bus company relied on a $25 limitation printed on the back of the baggage tag given to the plaintiff - The Alberta Court of Queen's Bench held that the limitation was not applicable to the plaintiff's claim because the bus company failed to take reasonable steps to bring the limitation to the attention of the plaintiff.

Statutes - Topic 5367

Delegated legislation - Regulations, validity - Whether purpose of regulation was authorized by the empowering statute - The Alberta Court of Queen's Bench held that the Public Service Vehicles Act did not authorize regulations to limit the liability of a carrier to a member of the public - See paragraphs 17 to 21.

Cases Noticed:

Union Steamships Limited v. Barnes, [1956] S.C.R. 842, refd to. [para. 27].

Statutes Noticed:

Motor Transport Act, S.A. 1977, c. 80 [para. 16].

Public Service Vehicles Act, R.S.A. 1970, c. 300, sect. 14 [para. 17]; sect. 17 [para. 18].

Regulations Act, R.S.A. 1970, c. 318, sect. 4(5) [para. 23].

Counsel:

B.K. O'Ferrall, for the defendant;

H.N. Moodie, for the plaintiff.

This case was heard by McFadyen, J., of the Alberta Court of Queen's Bench.

The judgment of McFadyen, J., was delivered at Edmonton, Alberta on September 12, 1979.