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nfitz
Superstar
Contracts aren't law.
They are contracts.
Also put it in context.
It's door issues. It will get sorted out. If the issues were the wheels keep falling off, or the motors keep bursting into flame it might be different.
There's nothing unusual in this. In fact, other than the lateness - it actually seems to be going relatively smoothly to me, compared to some new rail rolling stock programs you hear about! Do you remember the Turbo introduction?
steveintoronto
Superstar
Some of your insights are fascinating.
Canadian contract law - Wikipedia
https://en.wikipedia.org/wiki/Canadian_contract_law
Canadian contract law has its foundation in the English legal tradition of the 19th and early 20th century. It remains largely rooted in the old English common law ...
Elements of a contract · Offer
The Law of Contracts 2/e | Irwin Law
https://www.irwinlaw.com/titles/law-contracts-0
The Law of Contracts, second edition, is a thorough revision of this authoritative text in Irwin Law's Essentials of Canadian Law series. It includes discussion of ...
kEiThZ
Superstar
Not an issue. The air force books the Antonov to carry heavier stuff just as far.
Absolutely. Winnipeg is also the Air Force second strategic airlift base. That means it has to be able to handle massive airlifters to move heavy military equipment.
This is probably the answer. I am guessing not everything is going to Thunder Bay on that load, and the delivery costs to Winnipeg were probably higher. Alternatively, cargo haulers charge more to go to places from where they'll be flying back empty. There's good likelihood, they'll get a shipment outbound from Toronto. Less so, from Winnipeg.
kEiThZ
Superstar
I wonder if preventive maintenance is much better in the Winter reducing the likelihood of failure?
drum118
Superstar
If it was in service, it was short lived as it spent all afternoon in and out of various service bay as well travel around the yard.
It is currently in Spadina Loop after coming from the EX as a dot (not in service)
Are we going to see 4441 & 442 this month with 12 days to go?? This is TTC Hillcrest, not BBD plant
nfitz
Superstar
Not sure your point.
Contract law is law. The law of contracts is contract law.
But contracts, in themselves, aren't law. They are instruments.
steveintoronto
Superstar
Well then, why is it before the courts? Over to you...
law
lô/
noun
noun: law; noun: the law
1.
the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties.
"they were taken to court for breaking the law"
Contract Law Terms: Definitions & Contract Types. A contract is an agreement between two or more parties to perform a service, provide a product or commit to an act and is enforceable by law. There are several types of contracts, and each have specific terms and conditions.
Feel absolutely free to quote from the decision on the injunction:
https://www.canlii.org/en/on/onsc/doc/2017/2017onsc2372/2017onsc2372.pdf
A reminder of the context this is in:
I answered:
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Allandale25
Senior Member
^ can we get back on topic instead of cluttering this thread with definitions from the dictionary? People can always just say "I agree to disagree" and move forward. Getting the last word in isn't always required.
steveintoronto
Superstar
And here's the big issue that some seem to miss, entirely germane to the string:
Note the date:
https://www.thestar.com/news/gta/2015/10/28/ttc-will-sue-bombardier-over-late-streetcars.html
And what is happening again?
http://projects.thestar.com/bombardier-ttc/
And the latest:
https://www.thestar.com/news/city_h...-miss-2017-ttc-streetcar-delivery-target.html
Should Bombardier pay the costs of being late on the contract? Legally they are liable, whether completing or being allowed to complete the contract.
drum118
Superstar
If BBD is replace my X company for having the contract terminated for the on going problem, they will be on the hock for all cost TTC will include what they may have to pay over the cost of BBD contract per car as well on top of the current cost so far.
As it been stated more than enough, what does TTC do if the cars aren't close to the failure rate come car 60th?? Unless BBD is picking up these extra cost in fixing the problems with the failures, TTC needs to add that cost to its back charge list.
Car 4440 went into service yesterday for only a few trips before it was back at the yard for work on it. From what I saw, it was in and out of various service bay all afternoon and doing around the yard testing. Late last night, it made a few trips between CNE and Spadina Loop out of service. Its currently on 509 today. Been some time I have track cars and for some unknown reason, I did it yesterday for 4440.
People need to read the fine print on contracts before you sign them, otherwise you will be in for some surprises if you don't down the road. A contract is a contract with legal ramification if they aren't live up to that can cost you a bundle of money and problems. Best to have a lawyer to review them first.
Unless 4441 and 4442 get ship by July 23, BBD will miss this month delivery schedule.
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dowlingm
Senior Member
I think it's looking like BBD knew they were going to miss in July, and thus gave Byford a heads up for this month's Commission meeting.
drum118
Superstar
Does this mean TTC will get 4 car in Aug than the plan 2 or will it work out between Aug to Dec??
Will we see the 60th car in Nov or will it be Dec now??
Allandale25
Senior Member
Does shipping by the 23rd mean it would give CP enough time to get them to Toronto before August 1st?
drum118
Superstar
Yes.
Depending on CP, they can be a few day to a couple weeks based on track records so far. If CP can do it in 4 day, then we have until the 27th.
Now we are talking 2 cars and they could come down on one train or 2 trains being a day apart. I sure there are at least 3 flats the TB waiting cars at this time or should be.
If the cars are pickup on the 23rd, gives CP 8 days to get them to Hillcrest by the 31.