Collecting from the reciever or shipper???

Hi guys (and ladies)...

Have a question that I know someone on this board will be able to answer...

Took a load from TLI flatdecks from BC and, as everyone knows by now, they close their doors. The load was picked up from Caterpillar in Mossville, IL on Oct 20/09 going to Finning Canada in Calgary, AB, delivered on Oct 22nd/09, 1645 miles. Total value was $4100.00. (They can't complain about the service)

TLI weren't answering any messages, so I sent my invoice to Finning Canada on Nov 25th with all the POD's. After dealing with some underling at Finning until last week, I get an email from Steve Mandziuk, General Counsel, Finning (Canada) asking to resend all info, blah, blah, blah. So I do. Sent him a couple of emails late last week and this week asking for payment status.

Yesterday at 12:42 P.M. I get an email from him saying:
"WITHOUT PREJUDICE

I advise that Finning will not be paying ******* Transport the funds that are owed to it by TLI Flatdecks Inc. Here are the reasons:

1 - Finning already paid TLI Flatdecks Inc. the amounts owed for the shipping and where Finning has not done so, see my next point.
2 - Campbell, Saunders Ltd. has been appointed as the Receiver of TLI FLatdecks Inc. They have advised Finning, in writing, that Finning is not to pay any amounts owed to third parties such as ******** Transport to those third parties. Any amounts owed must be paid to the Receiver. I’ve attached a copy of the letter sent by the Receiver to me. A copy of the appointment is also attached.
3 - After reviewing the documentation that you sent, I note that Finning is not listed as the shipper, that TLI Flatdecks is the party that is to be billed on your own invoice (i.e. there is no indication that Finning is responsible for the charges contractually), that ******* Transport and TLI Flatdecks are listed as the contracting parties for customs purposes and there is no indication on any bill of lading that Finning is responsible for the charges.

In short, Finning takes the position that it is not legally required to pay ******* Transport and is in fact unable to do so given the appointment of a receiver. You should contact the shipper and/or the receiver." (Campbell, Saunders was appointed reciever on Nov 17th according to the letter attached to his email)

In all my email conversations with him, I refered especially to section 7 of the Mercantile Act that says:
"Every consignee of goods named in a bill of lading and every endorsee of a bill of lading to whom the property in the goods therein mentioned passes upon, or by reason of the consignment or endorsement, has and is vested with all rights of action, and is subject to the same liabilities in respect of the goods as if the contract contained in the bill of lading had been made with the consignee or endorsee. R.S.O. 1990, c. M.10, s. 7 (1)."

I phoned Dave MacDonald @ Campbell, Saunders (the reciever) and he stated that the original letter that was sent to Finning from them on Nov. 17th was resinded and they were legally made recievers by the secured creditors on Dec 4th/09. He also stated that there was no way that there would be any monies for unsecured creditors.

So my question to anyone and everyone is: Can I still legally file a suit against Finning for non payment since it can be proven (documents in hand) that they did indeed hire TLI to move their loads and we did reverse the charges from TLI to Finning before the legal appointment of the reciever?

Any info or referral to a lawyer or para-legal will be of great help.
Thanks in advance...
 
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