Complaint Review: multiline transport - toronto Ontario

 
We are the lawyers acting for (the "Creditor") and have been retained with respect to the recovery of damages in the amounts of CAD$20,930.00 and USD $31,550.00.
 
These damages emanate from numerous truck transportation services which the Creditor provided to Multiline Transport Ltd. ("Multiline") over the past two years. Multiline ordered these services and the Creditor completed the trips as ordered. Multiline has not paid any of the outstanding amounts, which are now all overdue. The dates and outstanding amounts are set out in the attached Schedule A.
 
Multiline has repeatedly promised to pay these balances and has also promised to clarify and properly account for all transactions with the Creditor. The Creditor has requested that Multiline account for all transactions, including reconciling advance cheques which were never requested, shipper confirmations for all trips, amounts owing for lumpers, all alleged deductions and set-offs, insurance premiums, and amounts actually paid. Pursuant to the agreement between the Creditor and Multiline, the payments and all of the supporting information were to have been provided regularly and promptly to the Creditor.
 
The Creditor fulfilled all of its obligations to Multiline, and transported all shipments as agreed, yet Multiline has not paid the Creditor for the shipments, has refused to disclose the supporting documents, has not disclosed the original trip confirmations, has not reconciled the transactions, has provided inaccurate or false information, or has simply ignored the Creditor's requests. Many of these transactions were in US dollars at a time when the exchange rate was higher than today, resulting in additional losses for the Creditor. Multiline's failure to pay the amounts owing also caused consequential damages to the Creditor and its principal.
 
Despite numerous requests and conversations with the Creditor over the past 2 years, Multiline has failed to deal with this matter. Multiline has therefore breached the contract with the Creditor.
 
Because of Multiline's failure to pay the outstanding amounts, or to even provide a proper accounting for these transactions, we have been instructed by the Creditor to demand repayment of the amounts stated above, which represent the total balance outstanding on all the trips to date.
 If the total amount outstanding is not paid within 10 days from the date of this letter, or unless satisfactory arrangements are made for repayment and reconciliation of all transactions, proceedings will be started against Multiline Transport for the total amount outstanding.
 
If this matter proceeds to litigation, the Creditor will be seeking both pre-Judgment and post-Judgment interest on the outstanding amounts pursuant to the Courts of Justice Act, as well as legal costs on a substantial indemnity basis. The Creditor reserves its right to start legal action against you before the notice period


 
CAD $2,000.00 balance owing, no trip confirmation


 
352

 
29 Mar 2010

 
USD $   620.00 balance owing, no trip confirmation


 
358

 
15 Apr 2010

 
USD $   400.00 balance owing


 
361

 
22 Apr 2010

 
USD $   500.00 balance owing


 
367

 
06 May 2010

 
USD $   300.00 balance owing


 
368

 
10 May 2010

 
USD $1,550.00 balance owing


 
369

 
13 May 2010

 
USD $2,100.00 full amount owing


 
373

 
26 May 2010

 
CAD $   400.00 balance owing


 
374

 
31 May 2010

 
CAD $   600.00 balance owing


 
376

 
06 Jun 2010

 
CAD $   680.00 balance owing, no trip confirmation


 
381

 
20 Jun 2010

 
USD $   720.00 balance owing, no trip confirmation


 
383

 
24 Jun 2010

 
USD $1,400.00 balance owing


 
389

 
19 Jul 2010

 
USD $   680.00 balance owing, no trip confirmation


 
400

 
31 Aug 2010

 
USD $2,000.00 full amount owing, no trip confirmation


 
404

 
Jul 2010

 
CAD $1,200.00 full amount owing, no trip confirmation


 
405

 
Jul 2010

 
USD $1,600.00 balance owing, no trip confirmation
CAD $   130.00 owing for lumper


 
407

 
24 Sep 2010

 
USD $2,000.00 full amount owing, no trip confirmation


 
408

 
26 Sep 2010

 
USD $1,280.00 balance owing, no trip confirmation


 
410

 
03 Oct 2010

 
USD $1,480.00 balance owing, no trip confirmation


 
411

 
06 Oct 2010

 
USD $   760.00 balance owing, no trip confirmation


 
412

 
10 Oct 2010

 
USD $   780.00 balance owing, no trip confirmation


 
415

 
19 Oct 2010

 
USD $   600.00 balance owing


 
416

 
21 Oct 2010

 
USD $1,120.00 balance owing, no trip confirmation


 
417

 
24 Oct 2010

 
USD $1,680.00 balance owing, no trip confirmation


 
418

 
27 Oct 2010

 
USD $   640.00 balance owing, no trip confirmation


 
420

 
03 Nov 2010

 
CAD $1,200.00 full amount owing


 
422

 
11 Nov 2010

 
USD $1,760.00 balance owing


 
427

 
28 Nov 2010

 
CAD $1,000.00 balance owing


 
431

 
20 Dec 2010

 
USD $   880.00 balance owing, no trip confirmation


 
454

 
Mar 2011

 
USD $1,000.00 balance owing, no trip confirmation


 
461

 
Apr 2011

 
USD $   500.00 balance owing, no trip confirmation


 
462

 
20 Apr 2011

 
USD $1,150.00 balance owing


 
476

 
07 Jun 2011

 
CAD $   300.00 owing for lumpers


 
478

 
14 Jun 2011

 
USD $   300.00 balance owing, contrary to trip confirmation


 
482

 
24 Jun 2011

 
USD $   450.00 balance owing


 
484

 
01 Jul 2011

 
CAD $   400.00 balance owing, contrary to agreement


 
486

 
06 Jul 2011

 
CAD $   400.00 full amount owing


 
488

 
12 Jul 2011

 
CAD $   230.00 full amount owing


 
491

 
20 Jul 2011

 
CAD $     40.00 full amount owing


 
498

 
24 Aug 2011

 
CAD $   250.00 full amount owing


 
519

 
27 Oct 2011

 
USD $1,000.00 estimated full amount owing, no trip confirmation
CAD $1,500.00 estimated full amount owing, no trip confirmation


 
520

 
31 Oct 2011

 
USD $1,300.00 estimated full amount owing, no trip confirmation
CAD $1,500.00 estimated full amount owing, no trip confirmation


 
521

 
02 Nov 2011

 
USD $1,000.00 estimated full amount owing, no trip confirmation
CAD $1,600.00 estimated full amount owing, no trip confirmation


 
Lumpers

 
Various

 
CAD $1,500.00 owing for various lumpers


 
Insurance

 
12 months

 
CAD $6,000.00 owing for insurance, based on $500.00/month estimate


 
 

 
Total Owing

 
USD $31,550.00


 
CAD $20,930.00