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Greenline Logistics
- Thread starter lowmiler88
- Start date
20
If its the same Greenline, they have been around for a while
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Greenline Logistics Inc. v. Craft Décor Imports
Between
Greenline Logistics Inc., (plaintiff), and
Craft Décor Imports, also known as Craft
Importers Inc., (defendant)
[2004] O.J. No. 1661
130 A.C.W.S. (3d) 937
Claim No. E-4130-97
Ontario Superior Court of Justice
Small Claims Court - Toronto, Ontario
Boutet Deputy J.
Heard: January 11, 2002 and February 26
and June 27, 2003; written submissions: October 8, 2003.
Judgment: January 18, 2004.
(31 paras.)
Carriers — Compensation to carrier — Defences — Damage or delay.
Action by Greenline Logistics against the defendant, Craft Décor, for collection of an unpaid invoice. Greenline was an international carrier. Craft imported and sold home and garden merchandise. Greenline agreed to deliver goods from Mexico to Ontario for Craft. Craft refused to pay because Greenline was unable to deliver the goods on time for an important trade show. This resulted in business losses. Some of the items that were delivered were damaged. Craft also claimed that a settlement was reached regarding this claim. No agreement or releases were signed. The goods arrived late because of a delay at the American-Canadian border. The damage occurred because a company named Accustaff, that was hired by Craft, had to unload and repack the merchandise at the border and damaged some of the items. Greenline claimed it only guaranteed transit times between Mexico and Canada. It was not responsible for delays at international borders. Craft was also responsible for the improper packing of the goods.
HELD: Action allowed. Greenline was awarded judgment for $8,136. There was insufficient evidence to conclude that a settlement had been reached. Greenline was not responsible for the border delay because it did not guarantee delivery times that included border crossings. It had no control over border events and could not provide this guarantee. Greenline was not responsible for the actions of Accustaff.
********************************************
Greenline Logistics Inc. v. Craft Décor Imports
Between
Greenline Logistics Inc., (plaintiff), and
Craft Décor Imports, also known as Craft
Importers Inc., (defendant)
[2004] O.J. No. 1661
130 A.C.W.S. (3d) 937
Claim No. E-4130-97
Ontario Superior Court of Justice
Small Claims Court - Toronto, Ontario
Boutet Deputy J.
Heard: January 11, 2002 and February 26
and June 27, 2003; written submissions: October 8, 2003.
Judgment: January 18, 2004.
(31 paras.)
Carriers — Compensation to carrier — Defences — Damage or delay.
Action by Greenline Logistics against the defendant, Craft Décor, for collection of an unpaid invoice. Greenline was an international carrier. Craft imported and sold home and garden merchandise. Greenline agreed to deliver goods from Mexico to Ontario for Craft. Craft refused to pay because Greenline was unable to deliver the goods on time for an important trade show. This resulted in business losses. Some of the items that were delivered were damaged. Craft also claimed that a settlement was reached regarding this claim. No agreement or releases were signed. The goods arrived late because of a delay at the American-Canadian border. The damage occurred because a company named Accustaff, that was hired by Craft, had to unload and repack the merchandise at the border and damaged some of the items. Greenline claimed it only guaranteed transit times between Mexico and Canada. It was not responsible for delays at international borders. Craft was also responsible for the improper packing of the goods.
HELD: Action allowed. Greenline was awarded judgment for $8,136. There was insufficient evidence to conclude that a settlement had been reached. Greenline was not responsible for the border delay because it did not guarantee delivery times that included border crossings. It had no control over border events and could not provide this guarantee. Greenline was not responsible for the actions of Accustaff.