Can a railway charge demurrage to a party who has no contract with the railway?
Ontario, Canada
The following excerpt is from G.E.X.R. v. Shantz Station and Parrish & Heimbecker, 2019 ONSC 1914 (CanLII):
I agree with and adopt the reasoning of Wedge J. in Canadian National Railway v. Neptune Bulk Terminals (Canada) Ltd. Specifically, I find that a contract of carriage that incorporates tariff terms is necessary between two parties for the railway to levy demurrage charges. The railway may not charge demurrage to a party with whom it has no contract.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the factors used to determine whether a party who has not made full disclosure under a contract signed a contract with another party would have signed the contract even if the disclosure had not been made? (Ontario, Canada)
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
What is the current state of the law on liability for breach of contract where a third party has been found to have breached the contract? (Ontario, Canada)
Can a contract between a party to a broadcasting contract contain obligations under the Broadcasting Act? (Ontario, Canada)
Can a domestic contract or a provision of it be overturned if a party failed to disclose to other significant assets existing when the contract was made? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
Is it possible for one party to set aside a domestic contract where the other party received independent legal advice? (Ontario, Canada)
What is the test for determining whether there has been economic duress in a contract where a party entered into the contract at the time of execution? (Ontario, Canada)
Can a principal be held liable for breach of contract if a third party agrees to contract without consulting the principal? (Ontario, Canada)
