junctionist
Senior Member
Is it correct that the TTC didn't take ownership of the vehicle when the grafetti incident happened? If so, I assume that Bombardier would have to pay for the clean up
It depends on the contract, which should note when property in the goods passes. If the contract makes no reference to that, property passes when the goods are made and appropriated to the contract--in this case, probably when put on the train for shipping (Ontario's Sale of Goods Act, section 19, Rule 5). At that point, the TTC would own the streetcar. If that's the case with this contract, the TTC can seek damages from the carrier (the railway company) to compensate for the cost of cleaning up the streetcar.
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