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Time Bar

In: Other Topics

Submitted By tracy12345
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According to the federal legislation act the prescription for a company to file a claim for their loss or damage is 4 months however, since we are unaware of the conditions and the exact location that the damage had occurred we will cover the legislation in both Quebec and Ontario as well.
Ontario’s period of limitation is two years unless the act provides otherwise .The proceedings must have been started “no later than the second anniversary of the day that the claim was discovered.” The two-year rule applies for mostly all cases unless there is evidence to explain why there was no claim submitted.
According to the legislation discovery is described as:
“5. (1) A claim is discovered on the earlier of, a. the day on which the person with the claim first knew, i. that the injury, loss or damage had occurred, ii. that the injury, loss or damage was caused by or contributed to by an act or omission, iii. that the act or omission was that of the person against whom the claim is made, and iv. that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it; and b. the day on which a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known of the matters referred to in clause (a).”
Permitting to the uniform bill of lading, in paragraph 12, there is a statutorily directed provision, that states: i. “No carrier is liable for loss, damage or delay to any goods carried under the bill of lading unless notice thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or the delivering carrier within sixty days after delivery of the goods or, in the case of failure to make delivery, within nine months from the date of shipment. ii. ii) The final statement of the claim must be filed within nine months from the date of shipment together with a copy of the paid freight bill.
Carriers are insurers of the goods and will have a heavy burden to avoid liability. The above act in the uniform bill of lading states that the notice claim has to be given in writing to the originating carrier within the 60 day window after the goods have been delivered. In the case that there is a failure to delivery the goods they must submit the notice of claim within nine months from the date of shipment. However, if there is no written agreement signed from the shipper, or someone representing the shipper, than the railway’s liability will be limited. Their liability will be limited to conditions that are “filed with regulatory authorities, if none are so specified, by the railway traffic liability regulations. Under section 6 of that Regulation no carrier is liable for the loss of goods unless a notice of loss, in printed or electronic form, is received by the originating carrier or delivering carrier within four months after a reasonable period for delay has expired, or for any damage to or delay in the transportation of goods unless a notice of that delay or damage, in print or electronic form, is received by the originating carrier or delivering carrier within four months after delivery of goods.”

According to the Quebec requirements for the bill of lading “the carrier of the goods herein described is liable for any loss of or damage to goods accepted by him or his agent except as hereinafter provided”. The carrier is exempted from loss, damage or delay of good that are carried under the bill of lading if a notice of claim isn’t filed within 60 days after delivery of goods, or 9 months if the goods were never delivered. The notice must include the place or origin, destination, date of shipment, end date of shipment, estimated amount claimed if the goods were to be loss, damaged or shipment was to be delayed, and a copy of the paid freight bill.

Links:
Ontario:
http://www.fernandeshearn.com/newsletters/2005/2005_December.htm
Quebec:
http://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=3&file=/T_12/T12R6_A.HTM

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