Canada Case Law

Brady-Lomoth v. Benson

Court

Nova Scotia Small Claims Court

The claimant's expenses to recover the dog were not reasonable or reasonably foreseeable given the defendant's repeated statements he would return the dog and his honest belief in a shared right of possession (colour of right); the defendant held the dog as a bailee and returned it unharmed so no compensable loss occurred; therefore the claimant cannot recover the incurred costs and the claim is dismissed.

Source excerpt

• Bailment
• Conversion
• Damages
• Jurisdiction
• Choice of law
• Reasonable mitigation

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Taylor v. Brown

Court

Nova Scotia Small Claims Court

A bailment existed and the defendant sold the claimant's 4-wheeler without authorization, constituting conversion entitling claimant to the vehicle's value ($1,500); damage to other vehicles occurred while in defendant's custody but claimant failed to prove special damages with reliable repair estimates and general damages are capped at $100, therefore award is $1,500 plus $100 and filing fee, and the two Chevettes listed in the claim must be returned to claimant.

Source excerpt

• Conversion
• Bailment
• Damages
• Return of goods
• Res ipsa loquitur
• Statutory caps

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Lovelock v. 0459478 B.C. Ltd.

Court

Supreme Court of British Columbia

The court allowed a mid-trial amendment to the plaintiff’s claim about a jewellery theft, finding the new allegations were tied to the existing pleadings and any prejudice could be managed.

• Amendment of pleadings
• Release/waiver clauses
• Non est factum
• Fraudulent and negligent misrepresentation
• Bailment
• Costs

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Sabok Sir v. Hill

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia dismissed an appeal from Small Claims Court, upholding findings that the respondent was not grossly negligent and that no proven theft or damages were shown.

• Bailment
• Negligence
• Conversion
• Costs
• Standard of review
• Procedural fairness

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Balsor v. Wentzell

Court

Nova Scotia Small Claims Court

Claimant failed to prove ownership and value of most alleged items and failed to show Defendant assumed responsibility as bailee or was personally liable as POA/executor; however Defendant sold a limited number of items and must account for proceeds, so Defendant is liable only for the $1,190 she collected from sales; no costs awarded to Claimant.

Source excerpt

• Conversion
• Bailment
• Power of attorney
• Executor liability
• Possession
• Damages

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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

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Beasse v. Canada

Court

Federal Court

The Federal Court dismissed a summary-trial motion over the second sinking of the Elf, finding the CCG acted reasonably under statutory pollution-response powers.

• Seaworthiness
• Bailment
• Pollution response
• Statutory authority (canada shipping act s180)
• Liability for pollution (marine liability act s77)
• Summary trial procedure

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Lafrance v. Federal Express Canada Corporation

Court

Nova Scotia Small Claims Court

Because the claimant failed to declare the true value and did not obtain additional insurance, and because he is bound by the waybill terms even when using a drop box, the defendant’s liability is limited by the waybill to $100 and the claimant cannot recover the claimed higher amount.

Source excerpt

• Limitation of liability
• Waybill terms
• Bailment
• Insurance
• Value declaration

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Fishery Products International Ltd. v. Rose

Court

Newfoundland and Labrador Court of Appeal

The trial judge's factual finding that the Roses did not know the seine was missing and unreturnable until around 2003 is supported by the evidence and not tainted by palpable and overriding error; since the Statement of Claim was issued in 2008, the action was within the six-year limitation period and the appeal is dismissed.

Source excerpt

• Limitation period
• Conversion
• Detinue
• Bailment
• Palpable and overriding error
• Adverse inference

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Ogban v. Adebayo

Court

Nova Scotia Small Claims Court

The court treated the relationship as a bailment and found both parties partially at fault: the defendant breached his duty by failing to ensure proper customs documentation and to secure release in Nigeria, and the claimant contributed by undervaluing and overloading the vehicle; liability apportioned 2/3 to the defendant and 1/3 to the claimant, with damages assessed on the accepted values (vehicle $1,111.25; goods $15,000) and payment of the filing fee, resulting in a judgment of $13,606.85 CAD for the claimant.

Source excerpt

• Bailment
• Freight forwarding
• Contributory negligence
• Damages valuation
• Duty to arrange customs documentation
• Limitation of jurisdiction

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