Facts: ABB Inc. hired CN to transport a generator to Kentucky. CN subcontracted CSXT for the U.S. portion. There was no contract between ABB Inc. and CSXT. During transit in the U.S., the generator was damaged, leading ABB Inc. to sue both CN and CSXT.
Issues/Main Discussion: CSXT appealed the Federal Court's decision holding it liable under the Civil Code of Quebec, arguing the court did not respect procedural fairness.
Ruling: The Federal Court of Appeal agreed with CSXT on the procedural fairness breach and allowed the appeal. It set aside the Federal Court’s judgment against CSXT and ordered a new trial.
Amount Awarded: Not specified; the appeal focused on procedural issues and ordered a retrial.
