Join William S.G. Tackaberry as he presents an in-depth discussion on transportation law as it pertains to paralegals’ scope of practice. Willian will bring his knowledge and experience as a paralegal in transportation law to educate licensees less familiar with this area of law.
William will discuss:
Transportation Law ‘101’: Everything you need to know such as basic definitions, roles of key people, and important documents pertinent to this area of law;
Relevant and topical case law; and,
Relevant provincial and federal legislation.
William S.G. Tackaberry has been a practicing Paralegal since 2001, and was licenced in 2008. William’s legal experience within TCRC Freight Legal Services (a paralegal company) focuses on matters of transportation disputes involving invoicing between shippers, load brokers and carriers, as well as loss and damage claims. He is knowledgeable with US and Provincial legislation applicable to transportation, bills of ladings, contracts and case law.
He is a long-time contributor to both the Canadian Institute of Traffic and Transportation of Toronto and the National Transportation Brokers Association “NTBA” of Brampton. In his involvement and participation within the Canadian Institute of Traffic and Transportation, William was a Course Lecturer in partnership with the Ontario Institute of Studies in Education, a member of the Board of Directors, and an Honorary President. His involvement and participating within the National Transportation Brokers Association includes that of sitting on the Board of Directors, including being its Chairman for several years. He has been a contributing writer toward, Fundamentals of Canadian Trucking Law – A Practitioner’s Guide by Dr. Richard Lande and John Petrosoniak.
William has conducted seminars on transportation law for many associations including the NTBA, CITT, International Factoring Association, and the Ontario Deputy Judges Association.
THIS PROGRAM IS NOT YET ACCREDITED
What Will I Learn?
SHIPPER – Name of company shipping the goods
CONSIGNOR – Name often used interchangeably with Shipper
CARRIER – Name of company performing the actual transportation
CONSIGNEE – Name of company receiving the goods
LOAD BROKER – Name of intermediary company that may be involved in arranging the transportation for a fee.
BILL OF LADING – Shipping document that evidences a contract between the shipper and the carrier.
1A – BOL Canadian – review conditions
1B – BOL US – how a US BOL differs
POD – Abbreviation for Proof of Delivery. It may be a separate delivery receipt or a copy of the bill of lading used also as a delivery receipt.
Road Transportation – federally or provincially regulated?
Mackenzie Coach Line case in 1951 (Supreme Court of New Brunswick decreed that interprovincial undertakings were under federal control, but local undertakings were under provincial control. After decision, the power to regulate inter and extra provincial undertakings given back to provinces.
Key laws affecting transportation in Ontario:
3A - HIGHWAY TRAFFIC ACT – Trust Account Requirements when using a broker
3B - Reg 643/05 – Conditions of Carriage
3C - Mercantile Law Amendment Act (Ontario) – draws Ontario consignee into the BOL contract
3D - Bills of Lading Act (Canada)- draws Canadian consignee into the BOL contract
Important Case Law:
4A - SGT 2000 v Molsons Breweries – consignee liability when shipper defaults
4B GMAC v TCT Logistics – carriers having higher priority than secured creditor in bankruptcy
4C CP Ships v Lyons Corduroy – liability when making payments to 3rd parties
Topics for this course
Transportation Law Presentation Video
Presentation Video – Transportation Law: What Every Paralegal Should Know2:00:00