Congratulations on your appointment as manager of operations for Trans-Global Corporation, a
provincially-regulated corporation with head offices in Vancouver, British Columbia. As you settle into
your new office, your assistant tells you that there are is a problematic file on your desk that you might
want to look through sooner rather than later.
You discover that Trans-Global has some issues with special metal tubing that it had shipped by ocean
carrier from the United Kingdom to be shipped to their Ontario warehouse. Trans-Global had ordered
sixteen (16) tubes at $75,000 per tube, packed in four (4) huge containers – four (4) tubes to a
container. Each tube weighed 1000 kg. They arrived 90 days ago at the Port of Montreal, from there
they were loaded onto a rail car and shipped by CN Rail to Ontario, where Trans-Global eastern
distribution centre is located. Unfortunately, due to a rail strike, the tubes arrived 11 days ago at the CN
railyard in Ontario. The goods were then picked up by Trans-Global’s truck driver and delivered to the
distribution centre in Thunder Bay, Ontario 3 days ago.
While driving across Ontario, the driver, Linda was charged under section 84.1 of the Ontario Highway
Traffic Act because a set of dual wheels flew off the truck while in transit. The files include quite a bit
of information relative to training, testing and maintenance of truck wheels. Linda was quite upset that
she would be personally responsible for this infraction. In addition, she had previously tried to raise
concerns about the unsafe conditions of her truck and had been told by her manager that she should be
lucky to have a job and she could quit anytime if she didn’t like the conditions of work. This manager had
made derogatory comments to her previously about taking a job that rightfully belonged to a male
driver, who could take the long hours and physical rigours of the job. He had denied her requests to
avoid long haul trips so that she would balance her child-care obligations and he’d also made some
sexual jokes around her. Linda decided that this trip was too much for her and decided to quit. She has
been doing research online and wants to pursue making a claim to the Ontario Ministry of Labour or the
Ontario Human Rights Tribunal and/or both and is unsure of what course of action to take.
When the tubes finally arrived at the distribution centre, the tubes had significant rust and showed signs
of contact with salty water. Trans-Global’s engineer has concluded that the coils are now good only for
scrap. You review the bill of lading that is on file. You see that the bill of lading:
1. Is a clean bill of lading
2. Does not include a declaration of value
3. States that all disputes should be resolved by the UK courts in the United Kingdom
- The relevant legislation or international treaty that applies and whether carrier negligence
can be proved (module 8)
2. the relevant notice requirements to preserve Trans-Global’s claim and what other
limitations periods might apply; (module 8)
3. Which is the proper jurisdiction for resolution of the dispute. (module 8)
4. The quantum of damages that Trans-Global will be able to recoup. (module 8)