Can a courier rely upon a specific and signed endorsement on a bill of lading?

Alberta, Canada


The following excerpt is from All-Can Express Ltd. v. Getkate Construction (1979) Ltd., 1984 ABCA 342 (CanLII):

The case of Cornwail v. Purolator upon which the respondent relies does not secure its judgment. That case, in our view, turned on a specific and signed endorsement on a bill of lading which was entered into by the parties in accordance with the limitation regulation. Here, unless somehow waived, the courier may rely upon the limitation regulation. There was no operative estoppel, no waiver in law, and the carrier is entitled to its protection.

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