Legal Memorandum of law Case Study

Legal Memorandum Case Study

Identify as manyegal issues as you can from the following fact situation. For each issue, refer to anyapplicable case law or statutes that might assist in resolving the problem. Where you are able to cometo a conclusion on one ground, but see that the question also raises other issues, please complete youranswer by discussing the other issues.Congratulations on your appointment as manager of operations for Trans-Global Corporation, aprovincially-regulated corporation with head offices in Vancouver, British Columbia. As you settle intoyour new office, your assistant tells you that there are is a problematic file on your desk that you mightwant to look through sooner rather than later.You discover that Trans-Global has some issues with special metal tubing that it had shipped by oceancarrier from the United Kingdom to be shipped to their Ontario warehouse. Trans-Global had orderedsixteen (16) tubes at $75,000 per tube, packed in four (4) huge containers four (4) tubes to acontainer. Each tube weighed 1000 kg. They arrived 90 days ago at the Port of Montreal, from therethey were loaded onto a rail car and shipped by CN Rail to Ontario, where Trans-Global easterndistribution centre is located. Unfortunately, due to a rail strike, the tubes arrived 11 days ago at the CNrailyard in Ontario. The goods were then picked up by Trans-Globals truck driver and delivered to thedistribution centre in Thunder Bay, Ontario 3 days ago.While driving across Ontario, the driver, Linda was charged under section 84.1 of the Ontario HighwayTraffic Act because a set of dual wheels flew off the truck while in transit. The files include quite a bitof information relative to training, testing and maintenance of truck wheels. Linda was quite upset thatshe would be personally responsible for this infraction. In addition, she had previously tried to raiseconcerns about the unsafe conditions of her truck and had been told by her manager that she should belucky to have a job and she could quit anytime if she didnt like the conditions of work. This manager hadmade derogatory comments to her previously about taking a job that rightfully belonged to a maledriver, who could take the long hours and physical rigours of the job. He had denied her requests toavoid long haul trips so that she would balance her child-care obligations and hed also made somesexual jokes around her. Linda decided that this trip was too much for her and decided to quit. She hasbeen doing research online and wants to pursue making a claim to the Ontario Ministry of Labour or theOntario 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 signsof contact with salty water. Trans-Globals engineer has concluded that the coils are now good only forscrap. 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 Prepare a legal memorandum outlining:1. What is the constitutional issue that Linda may face when making her employment andhuman rights complaints in Ontario; (module 1)2. What kind of regulatory offence is the charge under section 84.1 of the Ontario HighwayTraffic Act, and what defences, if any, are available. (module 3)3. whether Linda will be obligated to pay the fine if found guilty. (module 3)

4. Any issues relating to the description of the goods and the preparation of the bill of lading(module 4 and 5)

5. The relevant legislation or international treaty that applies and whether carrier negligencecan be proved (module 8)6. the relevant notice requirements to preserve Trans-Globals claim and what otherlimitations periods might apply; (module 8)

7. Which is the proper jurisdiction for resolution of the dispute. (module 8)

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

9. The chances of success based on the merits of Trans-Globals obligations under occupationalhealth and safety and human rights (module 10)

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