627360 Saskatchewan Ltd. et al. v. Bellrose, (2007) 291 Sask.R. 105 (QB)

• Judge: Barclay, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 15, 2007
• Jurisdiction: Saskatchewan
• Citations: (2007), 291 Sask.R. 105 (QB);2007 SKQB 14

627360 Sask. v. Bellrose (2007), 291 Sask.R. 105 (QB)

MLB headnote and full text

Temp. Cite: [2007] Sask.R. TBEd. JA.060

627360 Saskatchewan Ltd. and 627332 Saskatchewan Ltd. operating under the trade, name and style of McNab Townhomes Joint Venture (appellant) v. Hubert Gregory Bellrose (respondent)

(2006 Q.B.G. No. 1124; 2007 SKQB 14)

Indexed As: 627360 Saskatchewan Ltd. et al. v. Bellrose

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Barclay, J.

January 15, 2007.

Summary:

Bellrose was employed by Braun, director of the defendants, to do renovations. Initially, Bellrose's tools were stored off-site. Braun asked Bellrose to store his tools on the premises in order to save time and money. Thieves broke in and stole Bellrose's tools. Bellrose brought a small claims action. The trial judge awarded Bellrose $4,800 for the loss of the tools. The defendant appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Bailment - Topic 2202

Liability of bailee - Bailment for benefit of bailor and bailee - What constitutes bailment for reward - Bellrose was employed by Braun, director of the defendants, to do renovations - Initially, Bellrose's tools were stored off-site - Braun asked Bellrose to store his tools on the premises in order to save time and money - An office was built for Braun in the maintenance building where the tools were stored - The building was secured by a deadbolt in a lock in a wooden door - Thieves broke in and stole Bellrose's tools - Bellrose brought a small claims action - The trial judge held that the circumstances were a bailment for reward - The storage of the tools on-site was at the defendants' request and for their benefit - The security measures were not sufficient - A break-in was reasonably foreseeable - The standard of care was to take such care or diligence as a prudent or careful person would exercise in relation to their own property - The defendants had not met the standard of care - The defendants' liability was not removed by the intervening act of a third party - Bellrose was awarded $4,800 for the loss of the tools - The defendants appealed - The Saskatchewan Court of Appeal dismissed the appeal - The trial judge made no palpable and overriding errors.

Bailment - Topic 2203

Liability of bailee - Bailment for benefit of bailor and bailee - Duty of bailee for hire or reward - [See Bailment - Topic 2202 ].

Bailment - Topic 2204

Liability of bailee - Bailment for benefit of bailor and bailee - What constitutes negligence - [See Bailment - Topic 2202 ].

Bailment - Topic 2441

Liability of bailee - Defences - General - [See Bailment - Topic 2202 ].

Cases Noticed:

Scrimbit v. Schmaltz et al. (2005), 263 Sask.R. 67; 2005 SKQB 171, refd to. [para. 13].

Petriew et al. v. Tricom Electronic Ltd. (1987), 61 Sask.R. 304 (Q.B.), refd to. [para. 15].

Bennett and Bennett v. Fraser Valley Builders Ltd., [1952] 4 D.L.R. 834 (B.C.S.C.), refd to. [para. 16].

Gobeil v. Elliot (1996), 150 Sask.R. 285 (Q.B.), refd to. [para. 16].

Bentley v. Humboldt Society for Aid to the Handicapped (2006), 281 Sask.R. 117; 2006 SKQB 125, refd to. [para. 18].

Canadian Pacific Ltd. v. Paul Morsky Ltd. et al. (1980), 2 Sask.R. 392 (Q.B.), refd to. [para. 25].

Counsel:

Jason A. Peszko, for the appellant;

Hubert Gregory Bellrose, self-represented.

This appeal was heard by Barclay, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on January 15, 2007.