Are shippers in Canada liable by the actions of their agents (load brokers) when they fail to pay the carrier that delivered their freight?

[SCAM CHASER]

Hi.

The Quebec law protecting the paying party applies when the shipper is in based in QC? receiver? Load Broker?

If a QC LB hires a ON based carrier to P/U a load from NS and delivering it to BC and the customer is based on TX. The QC based LB was paid in full by the TX based customer but the ON based Carrier wasn't paid. Which provincial law applies?

First Scenario

QC, LB location
ON, Carrier Location
NS, shipper location
BC, consignee location
TX, Customer location.

Kindly advise.

Second scenario

If a QC LB hires a ON based carrier to P/U a load from NS and delivering it to BC and the customer is based on TX. The ON based Carrier doubled Brokered it to a SK based Carrier. The QC based LB was paid in full by the TX based customer which in turn paid the ON based Carrier (Foolishly thinking they actually hauled it). but the Actual SK based Carrier never got paid by the DBL scum). Which provincial law applies?

QC, LB location
ON, Carrier (DBL Broker) Location
SK, Actual Carrier location
NS, shipper location
BC, consignee location
TX, Customer location.

 

[SCAM CHASER]

First Scenario

QC, LB location
ON, Carrier Location
NS, shipper location
BC, consignee location
TX, Customer location.

All provincial laws are similar - the action gets commenced in a location of one of the defendant, unless there existed a broker-carrier contract specifying dispute jurisdiction.

Second Scenario

QC, LB location
ON, Carrier (DBL Broker) Location
SK, Actual Carrier location
NS, shipper location
BC, consignee location
TX, Customer location.

The unpaid SK carrier should bring the action in ON, unless the carrier confirmation specified a jurisdiction. He could also name as co-defendants some or all of the other parties except the QC LB

 

[frtbrkr]

First Scenario

QC, LB location
ON, Carrier Location
NS, shipper location
BC, consignee location
TX, Customer location.

All provincial laws are similar - the action gets commenced in a location of one of the defendant, unless there existed a broker-carrier contract specifying dispute jurisdiction.

Second Scenario

QC, LB location
ON, Carrier (DBL Broker) Location
SK, Actual Carrier location
NS, shipper location
BC, consignee location
TX, Customer location.

The unpaid SK carrier should bring the action in ON, unless the carrier confirmation specified a jurisdiction. He could also name as co-defendants some or all of the other parties except the QC LB

Thanks

In either scenario if the LB is QC based and has an agreement with the for-hire carrier that any legal manner must be addressed in QC courts, does this protect the shipper of having to pay for the Carrier even if both the Shipper and the Carrier are from ON?

 

[SCAM CHASER]

Thanks

In either scenario if the LB is QC based and has an agreement with the for-hire carrier that any legal manner must be addressed in QC courts, does this protect the shipper of having to pay for the Carrier even if both the Shipper and the Carrier are from ON?

If you brought the action in ON, the shipper or consignee should only be named based on the fact you were not paid by the broker, and that the contract (bill of lading) was signed between the shipper and the carrier. The shipper could then file a Defendant's Claim against the broker for not paying the carrier.