Progressive Cabinets & Millwork Ltd. v. Canuel

Progressive Cabinets & Millwork Ltd. v. Canuel

The adjudicator held that the software key belonged to the employer and the defendant had a duty to safeguard it; even absent a valid signed acknowledgement the implied term of employment and the law of bailment imposed liability because the defendant failed to take reasonable care; the duress allegation was rejected and defendant was ordered to pay the replacement value and costs.

Citation
2015 NSSM 55
Parties
Claimant: PROGRESSIVE CABINETS & MILLWORK LIMITED; Defendant: JUANITA CANUEL
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 October 2015
Procedural Posture
Small Claims Court Property Loss/employment Dispute / Decision/judgment
Outcome
Judgment for Claimant: defendant liable for value of lost software key and costs
Legal Topics
Bailment, Employee Custodial Duty, Contractual Liability, Duress, Damages, Insurance Mitigation
Source Language
English
Employment Contract Tort Property Bailment Employee Custodial Duty Contractual Liability Duress +2 more

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Parties

PROGRESSIVE CABINETS & MILLWORK LIMITED

Claimant

JUANITA CANUEL

Defendant

Procedural Posture

Small Claims Court Property Loss/employment Dispute / Decision/judgment

Legal Issues

  1. 1 Whether defendant is liable for the value of the lost software key
  2. 2 Whether a signed acknowledgement was valid or procured by duress
  3. 3 Whether an implied term of employment or bailment makes defendant liable

Ratio Decidendi

The adjudicator held that the software key belonged to the employer and the defendant had a duty to safeguard it; even absent a valid signed acknowledgement the implied term of employment and the law of bailment imposed liability because the defendant failed to take reasonable care; the duress allegation was rejected and defendant was ordered to pay the replacement value and costs.

Court Disposition

Judgment for Claimant: defendant liable for value of lost software key and costs

Orders

  • Judgment in favour of Progressive Cabinets & Millwork Limited in the amount of $2,455.25
  • Costs awarded to claimant in the amount of $191.70