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Gavin Magrath recovers $212,310 for K+N

Justice Harrington of the Federal Court gave judgment today in favour of the plaintiff in the matter of Kuehne + Nagel Ltd. v. Agrimax Ltd., [2010] FC 1303. Gavin Magrath was counsel for the successful forwarder.

Judgment issued on summary judgment motion for freight and demurrage charges in the principal amount of approximately $192,000.00. In particular, the Court had no concern about issuing judgment in spite of a counterclaim by Agrimax in the Alberta courts in respect of allegations also raised in their Federal Court Statement of Defence in respect of K+N’s refusal to re-date shipping documents subsequent to loading, confirming that “K+N was absolutely right in its refusal to alter the bill of lading.”

A more detailed review of the judgment will follow.

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