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.

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