Mackinnon Transport Inc Guelph

When there is an NOI, the company has to get DIP financing to continue doing business ... so you'd be paid from the DIP. If it's before that, you're generally S.O.L. However, with Contrans buying Mackinnon out of the vans basically for the customer list, I would think they'd choose to pay the truckers off where there was brokered loads in particular. Otherwise the shippers would likely walk.
 
Collecting Pre NOI Money

Well if anyone else is interested in working together with a similar situation to us and interested to pool some resources together or bounce some ideas off each other to pursue what is owed to you from pre NOI operations feel free to PM, thanks - Chris
 
Class Action

If any of you are members of that conglomerate ; The OTA , I would get in touch with their legal department to find out what could be done to launch a class action suit.

I would be interested in just finding out if they would entertain the thought of going after one of their own.

Make sure you get written refusals, they may be used at a later date.

It is really a sad thing to see what this company is getting away with.

One can see that they were well prepared for this bankruptcy, they clearly have expert legal advise of the highest caliber.
They clearly laugh at the law , where was the trust account.
What government department is responsible for overseeing it.
To add salt to the wound, they get a court order stopping you from the only legal recourse you have!!Billing the shipper/receiver.

Unbelievable, I would be contacting my members of parliament if I was part of this David vice Goliath battle.
 
I have a question: If the law states you must have a trust account (if you are brokering freight) and you don't. And the law states that the carrier of record can claim freight charges from all parties listed on the BOL in the event of non-payment, how the heck can you get a legal court order stopping said legal course of action?
 
If anybody is interested we just receieved our money that was owing to us from Mackinnon Transport, It was not a large amount but it was the full amount owing, so it looks like they are staring to shell out some of the money from the Contrans sale
 
Packrat I agree I would be going after everyone and let them take you to court, I think you would win.
 
Good point lowmiler88. If you had a Bill of Lading with your name on it as the carrier (no mention of Mackinnon) and the party responsible for the freight charges was also indicated on the B/L, prepaid, collect, etc., how can any court prevent you from seeking payment? I have not seen this court order, but it must draw some connection between the unpaid carriers and their "arrangement" with Mackinnon. However, if there is no identifiable relationship between the carrier and Mackinnon on the Bill of Lading, I think you might have a case. The Bill of Lading is the legal document that outlines the terms and conditions of carriage.
 
"This court orders and hereby directs all partner carriers to cease and desist any contact and/or collection actionswith respect to the Customers and indirect customers relating to payment of the invoices or underlying freight charges"

"The court orders for the purposes of this order a 'Partner Carrier' is defined to be any person contracted by the applicant to carrry goods of another person by commercial motor vehicle for compensation"
 
Interesting, that second paragraph uses the same definition as the HTA does in reference to a broker and their obligation to maintain a trust account. So they have defined themselves as a broker in order to obtain protection for their clients, yet fail to abide by the regulations applicable to brokers. Some one is sure getting their monies worth from their legal counsel.
 
Absolutely Dave in London! Had this been a case of a stand alone broker going under and leaving a number of trucking companies "holding the bag", the OTA would be up in arms, calling for stricter enforcement of brokers, strengthening the Trust Account, changes to the HTA, etc., etc. Instead, they have been championing the industry co-operation and the fiscal wisdom and werewithall of Mackinnon in their attempts to restructure. The last place you are going to receive any assistance from is the OTA.
 
E-Mail

Does anyone have the e-mail address of the minister of Transportation for Ontario as well as one of the Head of the Ontario DOT.

You should send them a link to this thread and ask for comment.
 
loaders

I'm a board member with the OTA and they do not get involved with any bankruptcies of any companies. I wish they would...but they do not. Just so you know I made sure that Evan McKinnon had resigned from his post because I have no time for anyone who does not pay what they owe.

I would still try and use the Bill of Lading Act because obviously no one had a chance to argue against this court ruling saying you cannot collect from the shipper/receiver and I still think you might win the judgement.
 
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Lowmiler88, I am not suggesting that the OTA should become involved in any way with the bankruptcy of this firm or any other, that is not their purpose. However, if their members want to be involved in the brokerage side of transportation, they should abide by and adhere to the rules and regulations applicable to that side of the business. In this case I cannot understand why Mackinnon did not have an operating trust account. When the Load Broker License and Regulation was abandonded a few years ago, it was the OTA that fought to have the Trust Account provision retained in the Highway Traffic Act legislation. As a note to all carriers, the cheque you receive from any broker you deal with should have the words "in trust" on it. This way you know that the monies paid out are being drawn on an actual Trust Account and not the general revenue account of the broker.
 
MacKinnon

Is there a link to see what the package is? Or can you provide some details. Thanks
 
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