A cargo claim is an allocation exercise. The bill of lading, the contract of carriage, the applicable liability limit and the carrier's insurance together decide who ultimately absorbs the loss — and the paperwork is usually more important than the physical facts of the damage.
Liability usually starts with the carrier in possession, subject to the terms of the bill of lading, statutory or contractual limits of liability, declared value, and defences such as inherent vice or shipper loading and packing.
It can. Liability limits frequently operate by weight unless a higher value has been declared and the corresponding charge paid.
Policies commonly require prompt notice, and late notice is a recurring basis for coverage disputes. Notice and admission of liability are different things.
This page provides general legal information about Ontario law. It is not legal advice, and reading it does not create a solicitor-client relationship.
Facing a regulatory or commercial transportation issue? Speak with counsel.