This is what happened... I recently purchased Guaranteed 10:30am 3 business day service with Purolator. On the third day I received an email stating that my package had been delivered. As I did not receive it I contacted Purolator support, both by phone and email, to help with this matter. A case file was then opened #100*****. During the investigation of my missing package both, the driver and his depot manager were contacted by the Purolator support team represented by Kevin Carson for Pauline Rose to help sort this out. Shortly after, I was informed by Kevin Carson, again both by, phone and email, that the driver has admitted both to himself (Keven Carson) and his depot manager, to have given my package to a random person on the street in front of the building, without ever asking them for any form of ID. The unknown person was simply asked by the driver if they were Me the consignee and when he replied no he then asked if he knew me the consignee to which he replies "oh yeah, I know him and will make sure he gets it." . That is all it took for the driver to handover my package. Also no one to this date has come forward with my package. On the 14th the Purolator driver did come by to see me at my office and admitted to giving away my package to a random unknown person on the street and also pointed out to me where the person was standing when he gave him my package. He did not ever offer any kind of explanation as to why he felt it was okay to give away my stuff. That person was not even near my door but rather outside a door 4 units away from my marked and locked office entrance. Following my visit with the Purolator driver I received a phone call from Kevin asking how my meeting with the driver went. I informed him that no progress was made by that meeting and that he apologized and also confirmed giving my package away to a stranger on the street. I was then offered some tips on how I should conduct my own investigation to find the package myself. After that phone call, I received the following email from the support team: Hello Consignee, I tried calling you, M******, but I seem to be having a difficult time getting through. I was calling to advise that with the situation as it is, there is nothing further that can be done to rectify this delivery. As you know, the management of the depot have been an active part of this file and you have also had a conversation with the driver regarding this. I sincerely wish there was something further that could be done but I will be closing this file today. I certainly do apologize for this situation. Thank you, Kevin Carson for Pauline Rose 71261 Customer Care That package was very important to me and delivery was extremely time sensitive which is why I purchased Guaranteed service. The consequence I have incurred as a direct result of the driver's negligence ie. giving my package away to a random stranger on the street is $156,000 in direct sales revenue as well as the potential of millions in sales. What is really bothering me is I was not even offered as little as my money back for the shipping cost, just told we are closing this case file, sorry about your luck.. I have read the 42 page terms of service document obtained from the Purolator website and no where in it does it say that Purolator has the right to give my property away to anyone they feel like giving it to and there is nothing I the consignee can do about it. The only thing mentioned in the terms of service was in reference to lost or stolen. It was neither lost nor stolen. It was freely given away. It did not fall behind the seat and the driver was not held up. I do not understand how Purolator can admit to giving my package away and not be responsible for the consequences of their actions. My question? Is it legal for any business in Canada to offer a product or service and give it away to anyone they feel like giving it too? Even if they stated in their term of service (which they do not) that they have that right, is that even legal? Can I sue Purolator? Thank you for any help you can offer me.
Answer by Ayesha Naaz
Not VerifiedAlberta lawyer
Posted 4 months ago
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