Question

Congratulations on your appointment as the Legal and Regulatory Compliance Officer for Intercorp Ltd, a provincially regulated corporation with head offices in Toronto, Ontario. 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. Your CEO has asked you for a memo outlining any legal issues this file contains, together with your recommendations for how to proceed. You discover that Intercorp has some issues with special metal tubing that it had shipped by air carrier from England to their Ontario warehouse. It has been reported that there was significant turbulence during the transport of the goods in the air. Intercorp had ordered ten (10) tubes at $50,000 per tube, packed in 5 containers – 2 tubes to a container. Each tube weighed 10,000 kg. They arrived 30 days ago at the air cargo terminal; from there they were loaded onto a rail car. Unfortunately, due to a protest, the tubes only arrived 10 days ago and the CN railyard. There is a note in the file that your predecessor noted about concern over the rail tariffs and charges. The goods were then picked up by Intercorp’s truck driver, who was exhausted after having worked a 14 hour shift and did not pack the truck with the proper padding. The tubes were delivered to the Ontario warehouse 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 and wondered whether 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 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 were damaged. Intercorp’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: Is a clean bill of lading (ie) there are no notations of damage when the goods were handed over throughout the supply chain of carriers. Does not include a declaration of value or the number of packages being transported. States that all disputes should be resolved by the UK courts in the United Kingdom even though the contract and the port of entry is Canada. Task one: Prepare a legal memorandum outlining: The relevant notice requirements and procedural requirements to preserve Intercorp’s claim and what other limitations periods might apply. answer this showing the issues, discussion and conclusion

Answer 1

MEMORANDUM

To: [Your CEO's Name]

From: [Your Name]

Date: [Current Date]

Subject: Legal Analysis of Issues Regarding Special Metal Tubing Shipment

What informs the content?

I have conducted a thorough review of the file concerning the shipment of special metal tubing from England to our Ontario warehouse. The issues identified involve the transportation process, potential liability for damages, and employment-related concerns. In this memorandum, I will outline the relevant notice requirements, procedural obligations, and limitations periods that may impact Intercorp's ability to pursue claims.

Transportation Issues:

Notice Requirements:

1. Air Carrier Transport: Given the reported significant turbulence during air transport, it is crucial to assess whether any notice requirements exist with the air carrier. The Montreal Convention governs international air carriage and generally requires written notice of apparent damage within 14 days from the date of receipt.

2. Rail Transport: With concerns raised about rail tariffs and charges, it is important to determine whether any notice requirements or dispute resolution procedures apply with the rail carrier. These may be outlined in the contract of carriage or relevant regulations.

3. Truck Transport: The damaged goods upon arrival at the distribution center raise questions about the truck transport. Notice requirements and procedures for claims against the trucking company should be explored.

Limitation Periods:

1. Montreal Convention: The Montreal Convention may impose a two-year limitation period for claims arising from international air carriage. It is crucial to assess when the limitation period begins and ensure timely notification to the carrier.

2. Carriage by Rail: The carriage by rail may be subject to the Canada Transportation Act, which could specify limitation periods. Investigation into applicable statutes and contractual terms is necessary.

3. Trucking Company Claims: Limitation periods for claims against the trucking company must be determined, considering any contractual agreements, provincial regulations, or common law principles.

Employment-Related Concerns:

Ontario Human Rights Tribunal:

1. Discrimination and Harassment: Linda's experiences of derogatory comments, unequal treatment, and sexual jokes may warrant a complaint to the Ontario Human Rights Tribunal. The time limit for filing a complaint is generally one year from the alleged incident.

Employment Standards Act:

1. Unsafe Working Conditions: Linda's concerns about the unsafe conditions of her truck and her manager's response may constitute a violation of the Employment Standards Act. The time limit for filing a claim is generally two years.

Conclusion:

To preserve Intercorp's claims, it is imperative to adhere to notice requirements and procedural obligations outlined in relevant international and domestic transportation laws. Additionally, prompt attention to employment-related issues is necessary to protect the company's interests. Timely legal advice and action are recommended to address these complex issues effectively. Please feel free to contact me for further clarification or discussion.

Sincerely,

[Your Full Name]

Legal and Regulatory Compliance Officer

Intercorp Ltd