National Post (National Edition)
BMW LOSES SKIRMISH AGAINST HALIFAX'S AUTOPORT
BMW Canada has lost a skirmish in its quest for $175 million in compensation from Halifax storage firm Autoport for alleged damage to thousands of imported vehicles. In a decision Friday, the Ontario Court of Appeal ruled the automaker should foot the $10,000-a-day bill to preserve the vehicles as evidence. The court set aside an earlier ruling that had shifted the cost to Autoport, saying the goal was to “best ensure fairness” in the court process. “I am not persuaded that the ongoing cost of preserving the vehicles in the context of BMW's $175-million damages claim would constitute hardship or prejudice to BMW that would reasonably justify shifting the interim cost of preservation to Autoport,” Justice Katherine van Rensburg wrote for the Appeal Court.