Mackay v Scott Packing and Warehousing Co (Canada) Ltd - Federal Court of Appeal (Marceau, Decary and Robertson JJA) - 22 December 1995

Contract - Limitation of liability clause - Whether enforceable

The appellant sued a shipper for items lost or damaged in a trans-Atlantic move. The trial judge found that the respondent had been negligent in the performance of its contractual obligations, but he also found that the respondent was entitled to rely on the limitation of liability clause which he held formed part of the underlying contract.