canadian national railway v norsk pacific steamship co case brief

Their losses were purely economic (based on lost profits and increased operational costs), which were not generally recoverable in tort law. The tug owners claimed that there was no right to recover, as CN was not the owner of the bridge and suffered no direct physical or property damage. 's overwhelmingly superior risk bearing capacity on the facts of this case.". This was not a ‘joint venture’, which is defined by share-holdings. The railways sued the tug owners and operators for the additional cost incurred as a result of the closure of the bridge. The 1906 Agreement states that "The Company … Applying the law to the case, McLachlin found that CN was sufficiently close to Norsk as well as the property in question. kual allocation of risk argument rejected because it assumes all businesses efficiently allocate risk and have equal bargaining power, §there is no danger of indeterminate liability, and thus no reason to deny recovery, when the def actually knows or ought to know of a specific indie or indies, as opposed to a general or unascertained class of the public, who is or are likely to suffer a foreseeable kind of loss as a result of negligence by that defendant, ono duty of care arises unless case falls within existing categories, owouldve upheld exclusion to recovery for econ loss caused by dmg to third party property, omclachlins approach would create uncertainty, §plaints could be an indeterminately large class, no way for def to know who might be affected by dmg caused by tugboats, Canadian National Railway Co. v. Norsk Pacific Steamship Co., [1992] 1 SCR 1021, McGill University-Faculty of Law/Faculté de droit. www.taylorfrancis.com. Canadian National Railway Co v Norsk Pacific Steamship Co [1992] 1S.C.R. PDF | On Apr 1, 1995, David S. Cohen published The Economics of Canadian National Railway v. Norsk Pacific Steamship (The Jervis Crown) | Find, read and cite all the research you need on ResearchGate The Independent Liability of Statutory Public Authorities; Negligent Supply of Shoddy Goods or Structures; This page was last edited on 27 December 2019, at 22:02. The Canadian case of Canadian National Railway Co v Norsk Pacific Steamship8 had identified five different categories of negligence claims, where there was a duty of care in respect of pure economic losses: • the independent liability of statutory In ” The evoluTion of Tender conTracTs National Railway Co v Norsk Pacific Steamship Co 1992 91 DLR (4 th) 289; London Drugs Ltd v Keuhne and Nagel International Ltd 1992 97 DLR (4th) 261; Winnipeg Condominium Corporation No. Find link is a tool written by Edward Betts.. searching for Canadian National Railway Co v Norsk Pacific Steamship Co 1 found (7 total) alternate case: canadian National Railway Co v Norsk Pacific Steamship Co 1992 reasons of the Supreme Court of Canada (31 words) no match in snippet view article find links to article Neverson, [1992] 1 SCR 1014 April 30, 1992 Canadian National Railway Co. Canadian National Railway Co. v. Norsk Pacific Steamship Co. Ltd. et al.,' is particularly amenable to such an analysis. Would McLaughlin's judgement The Norsk litigation arose out of a collision between a barge and a bridge on the Fraser River. The decision of the Supreme Court of Canada, in Canadian National Railway Co. v. Norsk Pacijic Steamship Co. Ltd. et … CANADIAN PACIFIC RAILWAY COMPANY, Minneapolis, St. Paul & Sault Ste. London Borough of Merton, [1977] 2 All E.R. Near the city of New Westminster in British Columbia, spanning the Fraser River, stands a railway bridge commonly Near the city of New Westminster in British Columbia, spanning the Fraser River, stands a railway … ), governed the duty analysis in decisions of this Court addressing claims for pure economic loss (Hercules; Bow Valley Husky (Bermuda) Ltd. v. Saint John Shipbuilding Ltd., 1997 CanLII 307 (SCC), [1997] 3 S.C.R. The state of the law on economic loss was unclear immediately following the decision in Norsk, as neither McLachlin nor LaForest's judgments were the clear majority. Canadian National Steamship Company was owned by Canadian National Railway Co. and operated services between Montreal / Halifax and the West Indies and to Australia (until 1936). This appeal was heard on June 17, 1998, before Gonthier, Cory, McLachlin, Iacobucci, Major, Bastarache and Binnie, JJ., of the Supreme Court of Canada. The first decision in Canada on the new limitation of liability regime. .mw-parser-output cite.citation{font-style:inherit}.mw-parser-output .citation q{quotes:"\"""\"""'""'"}.mw-parser-output .id-lock-free a,.mw-parser-output .citation .cs1-lock-free a{background:linear-gradient(transparent,transparent),url("//upload.wikimedia.org/wikipedia/commons/6/65/Lock-green.svg")right 0.1em center/9px no-repeat}.mw-parser-output .id-lock-limited a,.mw-parser-output .id-lock-registration a,.mw-parser-output .citation .cs1-lock-limited a,.mw-parser-output .citation .cs1-lock-registration a{background:linear-gradient(transparent,transparent),url("//upload.wikimedia.org/wikipedia/commons/d/d6/Lock-gray-alt-2.svg")right 0.1em center/9px no-repeat}.mw-parser-output .id-lock-subscription a,.mw-parser-output .citation .cs1-lock-subscription a{background:linear-gradient(transparent,transparent),url("//upload.wikimedia.org/wikipedia/commons/a/aa/Lock-red-alt-2.svg")right 0.1em center/9px no-repeat}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration{color:#555}.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration span{border-bottom:1px dotted;cursor:help}.mw-parser-output .cs1-ws-icon a{background:linear-gradient(transparent,transparent),url("//upload.wikimedia.org/wikipedia/commons/4/4c/Wikisource-logo.svg")right 0.1em center/12px no-repeat}.mw-parser-output code.cs1-code{color:inherit;background:inherit;border:none;padding:inherit}.mw-parser-output .cs1-hidden-error{display:none;font-size:100%}.mw-parser-output .cs1-visible-error{font-size:100%}.mw-parser-output .cs1-maint{display:none;color:#33aa33;margin-left:0.3em}.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-right{padding-right:0.2em}.mw-parser-output .citation .mw-selflink{font-weight:inherit}"Case summary". Ltd v Ernst & Young [I9971 2 SCR 165, 146 DLR (4th) 577; Canadian National Railway v Norsk Pacific Steamship Co [I9921 1 SCR 1021, 91 DLR (4th) 289; Bow Valley Husky (Bermuda) Ltd v St John Shipbuilding Ltd [I9971 3 SCR 1210, 153 DLR (4th) 289; Winnipeg Condominium Corporation No 36 v Bird Construction Co [I9951 1 SCR 85, 121 DLR (4th) 193. APPELLANTS BRIEF AND APPENDIX Ray, Robinson, Carle & Davies P.L.L. He questioned the applicability of tort compensation in such cases and wrote that "it is legitimate to consider which party is the better loss bearer in this type of case." Pure economic loss is compensable when it falls under the category of relational economic loss. Indexed As: Canadian National Railway Co. v. Norsk Pacific Steamship Co. et al. Canadian National Railway Co. v. Norsk Pacific Steamship Co. - SCC Cases Case Name: Canadian National Railway v. Seeley Between Canadian National Railway, Applicant, and Denise Seeley and Canadian Human Rights Commission, Respondents, and Ontario Human Rights Commission, Federally Regulated Employers - Transportation and Communication, Interveners [2013] F.C.J. Norsk Pacific Steamship v Canadian National Railway [1992] ... Now in Norsk Pacific Steamship, a tug, owned by Norsk, hit and damaged a railway bridge owned by PWC, but used predominantly by CNR. (as she then was), joined by L'Heureux-Dubé and Cory JJ., found in favour for the plaintiff CN. Canada diverged from English law in the Supreme Court of Canada’s decision in Canadian National Railway Co. v. Norsk Pacific Steamship Co., which both rejected the deviating test within the English case of Murphy v. Brentwood and upheld the so-called “Anns Test” devised in Anns v. The court held that where Party A negligently damaged the property of Party B, which in turn caused pure economic loss to Party C, Party C could recover that When Canadian Northern was nationalized in 1918 and amalgamated into Canadian National Railways in 1921, its telegraph arm was … Rail investing is a boring, yet very safe and efficient way of building capital over the long term. The bridge is the sole direct link for several railway companies between the north and south shores of the Fraser in Metro Vancouver. Norsk Pacific Steamship Co. Ltd. v. Canadian National Railway Company (Jervis Crown), [1992] 1 S.C.R. Canadian National Railway Co v Norsk Pacific Steamship Co [1992] 1S.C.R. Robert T. Coniam, OH0034623 Sandra M. Kelly, OH0037008 Corporate Plaza II, Suite 300 6480 Rockside Woods Blvd South Cleveland, OH 44131-2222 Canadian National Railway (CN) was the primary user (86% of total use) of the bridge owned by Public Works Canada (PWC). 1021, at p. 1049: McLachlin J. In the context of contractual relational economic loss, there must be a close examination of the facts to determine if there is sufficient closeness, including "physical propinquity, assumed or imposed obligations and close causal connection.". These five categories were: These categories are not closed but will be approached on a case-by-case basis based on the rationale from Norsk and Bow Valley. Canadian National Railway Co v Norsk Pacific Steamship Co, [1992] 1 SCR 1021 is a leading Supreme Court of Canada decision on pure economic loss in tort law. After the accident, it took several weeks to repair the bridge, during which time CN and other railways were forced to re-route traffic. 2 1994] B. ATLANTIS RESOURCES LTD. v. CANADIAN CRUDE SEPARATORS LTD.3 The plaintiff had its oil treated and … Using the Anns test as adopted by the Supreme Court of Canada in Kamloops (City) v. Nielsen, she found that Norsk owed a duty of care to CN, making the loss recoverable. CN Telegraph originated as the Great North West Telegraph Company in 1880 to connect Ontario and Manitoba and became a subsidiary of Western Union in 1881. Federal Court of Canada. A barge being towed in heavy fog by tug Jervis Crown, owned and operated by the Norsk Pacific Steamship Co. and Norsk Pacific Marine Services Ltd., In 1928 the company took over the management of most of the fleet from Canadian Government Merchant Marine Ltd. In 1992, in Canadian National Railway Co. v. Norsk Pacific Steamship Co., the Supreme Court of Canada, facing the contradictory decisions, chose to stick to the Anns test and rejected Murphy. §sole direct link between CN rails on the north and south shores of fraser river. Is there sufficient proximity? Railway Company, d/b/a Canadian National Railway(CN), a foreign Corporation, Respondent/Defendant. 1021 . The Norsk litigation arose out of a collision between a barge and a bridge on the Fraser River. No. Stevenson J., writing for himself, concurred with McLachlin J. on the result but did not fully endorse her view on relational economic loss. You can search by the SCC 5-digit case number, by name or word in the style of cause, or by file number from the appeal court. In 1915, facing bankruptcy, GNWTC was acquired by the Canadian Northern Railway's telegraph company. The Canadian National Railways (CNR) was incorporated on June 6, 1919, comprising several railways that had become bankrupt and fallen into Government of Canada hands, along with some railways already owned by the government. Now in Norsk Pacific Steamship, a tug, owned by Norsk, hit and damaged a railway bridge owned by PWC, but used predominantly by CNR. On the issue of liability the trial judge ordered that damages be assessed against the defendants. DOI link for Canadian National Railway Co v Norsk Pacific Steamship Co [1992] 1S.C.R. 1905 taken over from Esquimalt & Nanaimo Railway Co,, 1914 sold to Terminal S.N. Canadian National Railway v Norsk Pacific Steamship Co. oa tug owned by N negligently struck a railway bridge owned by public works Canada. Bridge owned by public works Canada but also used by railway companies. There is a presumption against contractual relational economic loss, subject to recognized exceptional categories: In Martel Building v. Canada, [2000] 2 SCR 860, the court summed up the state of the law, partially endorsing LaForest's judgment with regards to the categories of cases that can potentially give rise to compensable economic loss. In Canadian National Railway v. Norsk Pacific Steamship Co, ... • Canadian National Railway v. Norsk Pacific Steamship Co., (1992) 91 DLR (4th) 289 ... loss. 258. La Forest J., joined by Sopinka and Iacobucci JJ. 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