CAMI AUTOMOTIVE, INC. v. AISIN WORLD CORPORATION OF, 2012 FCA 16

Federal Court of Appeal Cour d'appel fédérale Federal Court of Appeal Cour d'appel fédérale Date: 20120117 Docket: A-373-09 Citation: 2012 FCA 16 CORAM: NOËL J.A. DAWSON J.A. TRUDEL J.A BETWEEN: CAMI AUTOMOTIVE, INC. and AISIN WORLD CORPORATION OF AMERICA Appellants and WESTWOOD SHIPPING LINES, INC. AS BORGESTAD SHIPPING and CANADIAN NATIONAL RAILWAY COMPANY Respondent s Heard at Vancouver, British Columbia , on January 17, 2012. Judgment delivered from the Bench at Vancouver, British Columbia , on January 17, 2012. REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A Date: 20120117 Docket: A-373-09 Citation: 2012 FCA 16 CORAM: NOËL J.A. DAWSON J.A. TRUDEL J.A

BETWEEN: CAMI AUTOMOTIVE, INC. and AISIN WORLD CORPORATION OF AMERICA Appellants and WESTWOOD SHIPPING LINES, INC. AS BORGESTAD SHIPPING and CANADIAN NATIONAL RAILWAY COMPANY Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia , on January 17, 2012) TRUDEL J.A. [ 1 ] Our Court is seized with an appeal and cross-appeal from a decision of the Federal Court ( Cami Automotive Inc. v. Westwood Shipping Lines Inc. , 2009 FC 664 , [2009] F.C.J.

No 1064 ) dealing with preliminary issues regarding the limitation of the respondents’ liability resulting from the derailment of train cars that were moving the appellants’ cargo between Vancouver, British Columbia and Toronto, Ontario. [ 2 ] At the beginning of the appeal, counsel for the Canadian National Railway Company indicated his desire to abandon his cross-appeal upon the impact of paragraph 83 of the reasons for judgment being clarified.

Given the clarification that follows, the cross- appeal is considered as having been withdrawn. [ 3 ] It is clear from paragraph 8 of the reasons for judgment that the Federal Court Judge was well aware that only issues relating to limitations of liability available to the respondents would be addressed “on the assumption that the [respondents] are liable to the [appellant] but that assumption is without prejudice to any defences that the [respondents] may later raise” (amended bifurcation order of May 14, 2009).

It follows that nothing turns on the comments found at paragraph 83. [ 4 ] Turning now to the appeal, despite the numerous arguments made by counsel for the appellants, we are all of the view that this appeal cannot succeed. [ 5 ] Given these arguments, we need say no more than we have not been persuaded that the Federal Court Judge committed errors of law or principle that warrant our intervention. Nor have we been persuaded that the Federal Court Judge committed palpable and overriding errors while making his findings of fact. [ 6 ] Therefore, the appeal will be dismissed with costs to both respondents.

"Johanne Trudel"

J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-373-09 APPEAL FROM A JUDGMENT OF THE HONOURABLE MR. JUSTICE EDMOND P. BLANCHARD OF THE FEDERAL COURT OF CANADA, DATED JUNE 24, 2009, DOCKET NUMBER T-1600-05 ( 2009 FC 664 ) STYLE OF CAUSE: Cami Automotive, Inc. et al. v. Westwood Shipping Lines, Inc. et al. PLACE OF HEARING: Vancouver , British Columbia DATE OF HEARING: January 17, 2012 REASONS FOR JUDGMENT OF THE COURT BY: NOËL, DAWSON , TRUDEL JJ.A. DELIVERED FROM THE BENCH BY: TRUDEL J.A. APPEARANCES : A.

Barry Oland Leona Baxter FOR THE APPELLANTS Graham Walker Dionysis Rossi FOR THE RESPONDENT WESTWOOD SHIPPING LINES, INC. AS BORGESTAD SHIPPING Thomas G. Keast Andrew N. Epstein FOR THE RESPONDENT CANADIAN NATIONAL RAILWAY COMPANY SOLICITORS OF RECORD : Oland & Company Barristers and Solicitors Kelowna, British Columbia FOR THE APPELLANTS Borden Ladner Gervais LLP Vancouver , British Columbia FOR THE RESPONDENT WESTWOOD SHIPPING LINES, INC.

Watson Goepel Maledy LLP Vancouver, British Columbia FOR THE RESPONDENT CANADIAN NATIONAL RAILWAY COMPANY