The appellants, a group of trucking companies, appealed a trial judgment finding them liable for two shipments of copper tubing hijacked in Mexico.
The trial judge found the appellants could not rely on exclusion of liability clauses or statutory limitations, and were alternatively liable in tort.
The Court of Appeal upheld the finding that the exclusion clauses did not apply because they were not brought to the respondent's attention.
However, the Court held the trial judge erred in finding the statutory limitation of liability did not apply, as the value of the goods was not declared on the face of the bill of lading.
The Court also found the trial judge erred in finding independent tort liability.
The appeal was allowed in part, reducing the judgment to the statutory limit of $110,830.
