Congratulations on your appointment as manager of operations 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. You discover that Intercorp has some issues with special metal tubing that it had shipped by air carrier from Germany to their Ontario warehouse. 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. The goods were then picked up by Intercorps truck driver and 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 that 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 didnt 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 hed 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 had significant rust and showed signs of contact with salty water. Trans-Globals 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:

1. Is a clean bill of lading

2. Does not include a declaration of value

3. States that all disputes should be resolved by the UK courts in the United Kingdom

Task one: Prepare a legal memorandum outlining:

Question 1-The relevant legislation or international treaty that applies and whether carrier negligence can be proved (module 8)

Question2- the relevant notice requirements to preserve Trans-Globals claim and what other limitations periods might apply; (module 8)

Question 3- Which is the proper jurisdiction for resolution of the dispute. (module 8)

Question 4- The quantum of damages that Trans-Global will be able to recoup. (module 8)

Question 5 - The chances of success based on the merits of Trans-Globals obligations under occupational health and safety and human rights (module 10)