The appellant appealed a trial judgment regarding liability under a bill of lading for multi-modal transportation.
The Court of Appeal found that the trial judge failed to address the argument that section 5(b)(3) of the bill of lading applied rather than section 5(b)(1).
The Court held that section 5(b)(3) specifically applies to the road portion of multi-modal transport in Canada, or alternatively, the default provision in section 5(b)(4) applies due to the respondent's negligence.
The appeal was allowed and judgment was granted in favour of the appellant.
