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Canadian National Railway Co v Norsk Pacific Steamship Co
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Canadian National Railway Co v Norsk Pacific Steamship Co : ウィキペディア英語版
Canadian National Railway Co v Norsk Pacific Steamship Co

''Canadian National Railway Co v Norsk Pacific Steamship Co'', () 1 SCR 1021 is a leading Supreme Court of Canada decision on pure economic loss in tort law. The court recognized situations in which pure economic loss is compensable. In particular, the court held that relational economic loss falls within the category of losses that are sufficiently proximate to give rise to a duty of care.
==Background==
A tug owned and operated by the Norsk Pacific Steamship Co. and Norsk Pacific Marine Services Ltd. negligently struck a railway bridge owned by Public Works Canada near the mouth of the Fraser River in British Columbia. Canadian National Railway (CN) was one of several railway companies which held contracts with PWC to use the bridge. CN was the primary user of the bridge (86% of total use) and the bridge was known locally as the "CNR Bridge". The bridge is the sole direct link between CN rails on the north and south shores of the Fraser.
The tug owners were familiar with the area and were at all times aware that the bridge was mainly used by CN and was essential to their operations.
After the accident, it took several weeks to repair the bridge, during which time CN and other railways were forced to re-route traffic. This increased the cost of operations and reduced the freight capacity during that time.
The railways sued the tug owners and operators for the additional cost incurred as a result of the closure of the bridge. The tug owners claimed that there was no right to recover, as CN was not the owner of the bridge and suffered no direct physical or property damage. Their losses were purely economic (based on lost profits and increased operational costs), which were not generally recoverable in tort law.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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