Justice Harrington of the Federal Court gave judgment today in favour of the plaintiff in the matter of Kuehne + Nagel Ltd. v. Agrimax Ltd.,  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.