Kenneth W. Golish, B.A., LL.B., J.D.


LAWYER

New! Scotiabank Building
38O Ouellette Avenue

Letter sent to Purolator Courier, for which no response received

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Suite 3O5
Windsor, Ontario
N9A 6X5

Telephone: 519 - 252 - 7867
Fax: 519 - 252 - 8652

Thursday, August 5, 1999       www.golishlaw.com



Purolator Courier Ltd.
62 Vulcan St
Etobicoke, Ont. M9W 1L2


Dear Purolator Courier Ltd.:

Re: Invoice for item 30261571852

I am returning the attached invoice.  Under no circumstance, will I pay this charge.

The collect item that you are charging me for was to be delivered on 1999/06/28.  The principal content was a cheque required for a real estate transaction closing 1999/06/30.  The sender did not advise me when I would be receiving the letter, but I expected to receive it by 1999/06/30.  When it did not arrive on that date, I made inquiries and learned the driver had returned the item to the Windsor depot.  Apparently the item may have only contained a street address.  That was the fault of the sender, not me.

The envelope did have my telephone number, but no one at Purolator bothered calling.

Purolator would not deliver the item that day, but advised it could be picked up at the depot.  At that particular hour, I was unable to have the letter picked up in time for me to close the real estate deal that day.  I requested that Purolator deliver it 1999/07/02.  Purolator did not deliver it on that second date either and I had to personally take time to pick it up.

In real estate transactions, time is usually of the essence and the consequences of being unable to close a deal can be quite severe.  Fortunately, I was able to delay the transaction, but my client did incur additional expenses of about $75.  My fee to my client was fixed and I was unable to pass on any charge for the additional time I spent in taking care of this matter.

Had you not sent an invoice, I might have forgotten the matter.  I will not pay this charge.  If you wish to make this matter right, you may provide compensation in the amount of $150, otherwise I have decided never to do business with Purolator again.

Interestingly, your negligence and liability in this kind of case is the subject of a comment you may find at http://www.golishlaw.com/answers/answe999.htm published earlier this year.  Unless you voice some objection which I will be pleased to consider, I expect to post a link to a copy of this letter on that page.

Sincerely yours,

        "Kenneth Golish"

Kenneth W. Golish

Admitted to pratice in Ontario, New York and the District of Columbia"
www.golishlaw.com