Atlantic Furs Ltd. v. Moffatt Moving and Storage, (1985) 56 Nfld. & P.E.I.R. 19 (NFDC)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: October 29, 1985
• Jurisdiction: Newfoundland and Labrador
• Citations: (1985), 56 Nfld. & P.E.I.R. 19 (NFDC)

Atlantic Furs v. Moffatt (1985), 56 Nfld. & P.E.I.R. 19 (NFDC);

    168 A.P.R. 19

MLB headnote and full text

Atlantic Furs Ltd. v. Moffatt Moving and Storage, A Division of Canadian Pacific Express and Transport Ltd.

(1984 No. 87)

Indexed As: Atlantic Furs Ltd. v. Moffatt Moving and Storage

Newfoundland District Court

Judicial Centre of St. John's

Adams, C.J.D.C.

October 29, 1985.

Summary:

A furrier hired a mover to move furs from one store to another. Because of a delay in completion of the new premises, the mover was required to store the furs for eight days. When the furs were unpacked, two jackets and a quantity of fur pieces were missing. The furrier brought an action for damages against the mover as a bailee of goods.

The Newfoundland District Court dismissed the action. The court held that the furrier failed to prove, on a balance of probabilities, that the goods were lost while in the possession of the mover and that the mover exercised the degree of care and diligence that a careful and vigilant person would exercise in like circumstances.

Bailment - Topic 4228

For benefit of bailor and bailee - Particular relationships - Hire of custody - Warehousing and storage - Duty of bailee - General - A mover stored furs in a warehouse for a furrier for eight days - It was subsequently discovered that two fur jackets and some fur pieces were missing - The Newfoundland District Court held that the loss of the fur was not caused by the negligence of the mover and that the mover exercised the degree of care and diligence that a careful and vigilant person would exercise in the custody of his own chattels of a similar kind and in similar circumstances - See paragraphs 9 to 24.

Bailment - Topic 4244

For benefit of bailor and bailee - Particular relationships - Hire of custody - Warehousing and storage - Evidence and proof - The Newfoundland District Court dismissed an action against a bailee where the bailor could not prove, on a balance of probabilities, that the goods in question were lost during the bailment period - See paragraphs 25 to 26.

Carriers - Topic 6126

Liability for goods - Conditions precedent - Notice of claim - Following a move to new premises, a furrier was missing two fur jackets and some fur pieces - He reported the loss to the mover in writing approximately one month later - The mover denied the claim because of the delay in notification - The Newfoundland District Court held that the mover could not reject the furrier's claim where the actions of the mover contributed significantly to the delay in notification - See paragraphs 6 to 8.

Cases Noticed:

Kalmer v. Greyhound Lines of Canada Ltd. (1979), 30 A.R. 124; 105 D.L.R.(3d) 663, appld. [para. 8].

Union Steamships Ltd. v. Barnes, [1956] S.C.R. 842; 5 D.L.R.(2d) 535; 74 C.R.T.C. 248, appld. [para. 8].

Nunan v. Southern R. Co., [1923] 2 K.B. 703, refd to. [para. 8].

Beverage Sales Ltd. et al. v. Woodward's Limited (1977), 13 Nfld. & P.E.I.R. 395; 29 A.P.R. 395, appld. [para. 9].

Calgary Transport Services Ltd. v. Pyramid Management Ltd. (1976), 1 A.R. 320; 71 D.L.R.(3d) 234, appld. [para. 25].

Royal Garage Ltd. v. East Coast Holdings Ltd. and Lewis (1983), 41 Nfld. & P.E.I.R. 297; 119 A.P.R. 297, refd to. [para. 28].

Tilden Rent-a-Car Co. v. Clendenning (1978), 18 O.R.(2d) 601; 83 D.L.R.(3d) 400, refd to. [para. 28].

Crocker v. Sundance Northwest Resorts Ltd. (1983), 43 O.R. 145; 150 D.L.R.(3d) 478, refd to. [para. 29].

Authors and Works Noticed:

Halsbury's Laws of England (3rd Ed.), vol. 2, p. 114, para. 225 [para. 9]; vol. 2, p. 117, para. 227 [para. 10].

Counsel:

Gregory Stack, for the plaintiff;

Paul McDonald, for the defendant.

This case was heard before Adams, C.J.D.C., of the Newfoundland District Court, Judicial Centre of St. John's, who delivered the following judgment on October 29, 1985: