Bill of lading act

alx2

Member
May 11, 2012
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Does anyone know if the bill of lading act applies to loads coming from the USA into Quebec. Thanks to one of our contributors, I have a copy of the Ontario Mercantile Law Amendment Act.
Based on what I have read , I would have a case in Ontario. Would the same hold in Quebec.

I have a clear bill of lading from the shipper in Ga. to the receiver in Quebec. It names the freight broker as the carrier. The b/l has one of our NIR stickers clearly identifying us as the ULTIMATE carrier. We also have our PARS on the stamped customs invoice.
The bill of lading clearly says the the shipment is collect and payable by the consignee in Quebec.

The owner of the freight brokerage firm has claimed personal bankruptcy, although the firm is still in business according to the REQ. Apparently the Judge awarded the owners ex wife the funds from the Corporate account seeing she was 50% owner of the company.

My question is , should I send a demand letter to the ex wife who ended up with the corporate receivables, ( as well as the payables) as well as the receiver ?
 
I would send letters to both parties. The freight broker entered into a contract with you to haul the freight on behalf of their customer. The customer is ultimately responsible to pay you, even if they have already paid the freight broker. I believe there have been similar cases brought before the courts. Of course commencing legal action should be your last resort. Shake-up the party named on the B/L as responsible for the freight payment and see what happens after that.