National Drugs Ltd. v. Dominion Storage Co., (1979) 1 Man.R.(2d) 139 (CA)

• Judge: Freedman, C.J.M., Hall and Matas, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: September 21, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 139 (CA)

Nat. Drugs v. Dominion Storage Co. (1979), 1 Man.R.(2d) 139 (CA)

MLB headnote and full text

National Drugs Limited v. Dominion Storage Co. Ltd.

Indexed As: National Drugs Ltd. v. Dominion Storage Co.

Manitoba Court of Appeal

Freedman, C.J.M., Hall and Matas, JJ.A.

September 21, 1979.

Summary:

This headnote contains no summary.

Bailment - Topic 4240

Warehousing and storage - Validity of clause limiting liability of warehousemen - The plaintiff stored 93 cartons of sunglasses in the defendant's warehouse - Thirteen cartons were stolen through the defendant's negligence - The storage contract limited the defendant's liability to $50.00 per carton - The Manitoba Court of Appeal affirmed the judgment of the trial court that the plaintiff was entitled to recover only $50.00 per carton - The Court of Appeal held that the clause limiting the defendant's liability was valid and was not contrary to s. 3(4) of the Warehouse Receipts Act, R.S.M. 1970, c. 287, which prohibited contract terms contrary to the Act.

Contracts - Topic 3730

Breach of contract - Fundamental breach - What constitutes - The plaintiff stored 93 cartons of sunglasses in the defendant's warehouse - Thirteen of the cartons were stolen through the defendant's negligence - The Manitoba Court of Appeal held that the loss of the cartons under the defendant's care did not constitute fundamental breach of the storage contract by the defendant - See paragraph 9.

Cases Noticed:

Evans Products Ltd. v. Crest Warehousing Ltd., [1978] 1 W.W.R. 648, affd. 28 N.R. 148 (S.C.C.), appld. [para. 8].

Statutes Noticed:

Warehouse Receipts Act, R.S.M. 1970, c. 287, sect. 1, sect. 3(4), sect. 14 [para. 4].

Counsel:

D.G. Hill, for the plaintiff/appellant;

R.B. McNicol, for the defendant/respondent.

This case was heard on February 15, 1979, at Winnipeg, Manitoba, before FREEDMAN, C.J.M, HALL and MATAS, JJ.A., of the Manitoba Court of Appeal.

On September 21, 1979, HALL, J.A., delivered the following judgment for the Court of Appeal: