The plaintiff argues that is not relying on oral communication to make out the offence and that it is unsettled law how the modes listed in s. 54(1)(a), (b), and (c) apply in the modern sales context for services such as transportation of baggage. See e.g., Lin v. Airbnb, Inc., 2019 FC 1563 at para. 58 [Airbnb] (the question of how s. 54 applies to “current technologies and commercial practices” would go to the merits of the claim). The plaintiff referred at the hearing to “point-of-sale displays” that a passenger would be shown prior to paying for the baggage fee at a counter and also says that both prices are continually expressed in the tariff. Given the uncertainty as to the modern scope of s. 54(1)(a), (b), and (c), they say that the pleadings are not bound to fail on this point.
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