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CISG CASE PRESENTATION

Canada 4 January 2004 Superior Court of Justice, Ontario (Shane v. JCB Belgium)
[Cite as: http://cisgw3.law.pace.edu/cases/040104c4.html]

Primary source(s) of information for case presentation: Case text

Case Table of Contents


Case identification

DATE OF DECISION: 20040104 (4 January 2004)

JURISDICTION: Canada

TRIBUNAL: Superior Court of Justice, Ontario

JUDGE(S): Robert J. Smith

CASE NUMBER/DOCKET NUMBER: 03-CV-19871

CASE NAME: Stephen Shane and Donald Shane v. JCB Belgium N.V.

CASE HISTORY: See prior proceedings before Superior Court of Justice, Ontario, 14 November 2003

SELLER'S COUNTRY: Belgium (defendant)

BUYER'S COUNTRY: Canada (plaintiff)

GOODS INVOLVED: Farm tractor


Classification of issues present

APPLICATION OF CISG: Yes, the sole issue is the assessment of attorneys' fees associated with prior proceedings. Article 74 CISG is cited below. However, the court did not cite this provision or any provision of the CISG in its calculation of attorneys' fees, referring instead to the "[Canadian] Costs Grid" and "Rule 57 of the [Canadian] Rules of Civil Procedure".

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 74

Classification of issues using UNCITRAL classification code numbers:

74A [General rules for measuring damages]

Descriptors: Damages ; Legal costs

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Editorial remarks

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Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (English): CISG-Canada website <http://www.osgoode.yorku.ca/cisg/cases/shane>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: Mazzacano, Canadian Jurisprudence and the Uniform Application of the CISG (August 2005) ch. 6

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Pace Law School Institute of International Commercial Law - Last updated November 30, 2005
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