Canada Case Law

Red Chamber Co. v. Glenn Fitzgerald Trucking Limited

Court

Supreme Court of Nova Scotia

The court granted summary judgment dismissing the claims against GFT because the undisputed evidence failed to establish the cause of the fire, and without a proven cause no negligence by GFT could be found; accordingly there was no genuine issue of material fact and no viable legal route for the Plaintiffs to succeed against GFT.

Source excerpt

• Summary judgment
• Burden of proof/onus
• Cause of loss
• Inspection obligations
• Common carrier liability

Read case analysis

MacNeil v. Melvin

Court

Nova Scotia Small Claims Court

No signed contract containing a limitation of liability was proved; as bailee in a consignment for reward the defendant owed a higher duty of care and failed to rebut the presumption that the missing item was lost due to lack of reasonable care, so the defendant is liable for the loss and damages are awarded based on a reasonable measure of probable value.

Source excerpt

• Consignment
• Limitation of liability clause
• Duty of care of bailee
• Measure of damages for lost property
• Evidence and burden of proof
• Unregistered business name

Read case analysis

Letwin v. Camp Mart

Court

Court of Appeal for Ontario

The trial judge permissibly found the respondents were not negligent (including not grossly negligent) given the totality of circumstances and security measures; the fact that security could be improved did not render the measures unreasonable, and appellate deference to the trial judge's factual findings required dismissal of the appeal.

Source excerpt

• Standard of care
• Gratuitous bailee vs bailee for reward
• Third-party theft/foreseeability
• Expert evidence
• Security measures

Read case analysis

Manuge v. Sweeney’s Home Centre Limited

Court

Nova Scotia Small Claims Court

Defendant breached its bailment duty by failing to document, segregate or label paid-for goods and thus was liable for loss, but the claimant failed to mitigate by not notifying or checking on the goods for an extended period; therefore damages are limited to the original purchase price of $888.69 plus the filing fee rather than the later replacement cost.

Source excerpt

• Standard of care for bailees
• Mitigation of damages
• Conversion/sale of goods
• Remedies
• Costs in small claims

Read case analysis

Innocente v. Attorney General of Canada

Court

Supreme Court of Nova Scotia

Court applied statutory duties (Criminal Code s.462.32 and Seized Property Management Act) together with common law bailment: plaintiff met threshold for certain items; onus shifted to Crown which failed to show reasonable care for several items; awarded compensatory damages for loss/repair after applying betterment and salvage where appropriate; plaintiff failed to prove ownership or damage in respect of some items (notably the Thunderbird and one motorcycle) and those claims were dismissed.

Source excerpt

• Seized property management
• Damages assessment
• Onus of proof
• Betterment deduction
• Ownership proof
• Forfeiture/proceeds of crime

Read case analysis

Beaudry v. Court

Court

Supreme Court of British Columbia

The court found the excavator remained the plaintiff’s property, rejected a claimed sale and deposit, and awarded $14,500 for post-demand retention.

• Rental agreement
• Wrongful retention of chattel
• Sale vs bailment
• Counterclaim for deposit and repairs
• Lien claim
• Costs

Read case analysis

SCP Distributors Canada, Inc. v. Silver Pacific Investments Inc.

Court

Supreme Court of British Columbia

Big Freight’s application to strike, transfer, or stay the BC claim was dismissed. The court found BC had territorial competence and was the proper forum.

• Jurisdiction
• Forum non conveniens
• Strike out
• Transfer of proceedings
• Territorial competence
• Attornment

Read case analysis

Motiontek Productions v. Northbridge General Insurance Corporation

Court

Nova Scotia Small Claims Court

Gateway dismissed for lack of arguable basis; Northbridge not liable because the 2017 certificate limited coverage to Aug 21-29, 2017 and loss occurred after that period, so claimant cannot bring themselves within the policy; 45 North as bailee was liable for losses reasonably proven but claimant proved only $2,000 in direct damages plus allowable costs and travel, for a total award of $3,699.35; HST on replacement was not awarded because damages must be proved and the insurer component should be treated as insurance proceeds recoverable net of HST.

Source excerpt

• Rental agreement
• Bailment duty
• Insurance coverage period
• Damages quantification
• Mitigation of loss
• Hst input tax credit

Read case analysis

Rideout v. Phillipo

Court

Nova Scotia Small Claims Court

Claimant established only a limited set of items remained in the defendant's possession and is entitled to their return; claimant failed to prove ownership and/or monetary value for the bulk of the claimed items so monetary damages are dismissed; claimant awarded filing costs for partial success and the defendant ordered to return specified items and conduct a timely search with specified notice conditions.

Source excerpt

• Conversion of goods
• Return of property
• Proof of damages
• Credibility assessment

Read case analysis

AME Distribution Inc. v. Wang

Court

Supreme Court of British Columbia

Summary trial over a verbal machine-upgrade contract. The court held the defendant breached the agreement and, as bailee for reward, failed to protect the machines outdoors.

• Breach of contract
• Storage and repair work
• Bailee's duty of care
• Suitability for summary trial
• Admissions in pleadings
• Repairer's lien

Read case analysis