Beaulne v. Thériault,

• Jurisdiction: New Brunswick
• Judge: LaVigne, J.
• Neutral Citation: 2008 NBQB 194
• Citation: (2008), 332 N.B.R.(2d) 254 (TD),2008 NBQB 194,332 NBR(2d) 254,(2008), 332 NBR(2d) 254 (TD),332 N.B.R.(2d) 254
• Date: 26 May 2008
• Court: Court of Queen's Bench of New Brunswick (Canada)

Beaulne v. Thériault (2008), 332 N.B.R.(2d) 254 (TD);

    332 R.N.-B.(2e) 254; 852 A.P.R. 254

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Temp. Cite: [2008] N.B.R.(2d) TBEd. JN.025

Renvoi temp.: [2008] N.B.R.(2d) TBEd. JN.025

Steven Beaulne (demandeur) v. Paul Thériault et Guy Thériault (défendeurs)

(E/TN/3/08; 2008 NBBR 194; 2008 NBQB 194)

Indexed As: Beaulne v. Thériault

Répertorié: Beaulne v. Thériault

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Edmundston

LaVigne, J.

June 9, 2008.

Summary:

Résumé:

Beaulne sued the defendants for compensation for loss or damage to the goods he left with them while he was in jail for over three years. The defendant Paul Thériault counterclaimed for a $900 storage fee for Beaulne's motorcycle.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the action in part and awarded Beaulne $1,000. The court allowed the counterclaim. Judgment was given for Beaulne for $100. Each party was to pay their own costs.

Bailment - Topic 2202

Liability of bailee - Bailment for benefit of bailor and bailee - What constitutes bailment for reward - Beaulne rented a room in a building owned by Thériault - Beaulne was jailed in September 2003 - He was also late with his rent - Soon afterwards, Thériault noticed that the window to Beaulne's room was open and that the room was in disarray - There were wet clothes on the floor - Beaulne's room was emptied, his goods stored in the basement, and his room rented out to another tenant - The clothes were put in green plastic garbage bags - It was agreed that Beaulne's goods would be taken care of while he was in jail - The goods included a motorcycle, which was stored in a separate building, the Demers building - Thériault later sold the rental property - Beaulne's goods were moved to the Demers building but the clothes were mouldy and were thrown out - Beaulne came out of jail in late 2006 - He claimed compensation for loss or damage to his goods - A counterclaim was made for a storage fee for the motorcycle - The New Brunswick Court of Queen's Bench, Trial Division, held as follows: (1) the parties made a contract of bailment for hire; (2) the bailee failed in his duty to properly take care of the clothes; and (3) Beaulne owed a storage fee for the motorcycle - See paragraphs 1 to 44.

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 2701

Liability of bailor - General principles - General - [See Bailment - Topic 2202 ].

Dépôt - Cote 2202

Responsabilité du dépositaire - Dépôt en faveur du déposant et du dépositaire - En quoi consiste un dépôt contre rémunération - [Voir Bailment - Topic 2202 ].

Dépôt - Cote 2203

Responsabilité du dépositaire - Dépôt en faveur du déposant et du dépositaire - Devoir du dépositaire contre rémunération - [Voir Bailment - Topic 2203 ].

Dépôt - Cote 2701

Responsabilité du déposant - Principes généraux - Généralités - [Voir Bailment - Topic 2701 ].

Cases Noticed:

Longley v. Mitchell Fur Co. (1983), 45 N.B.R.(2d) 78; 118 A.P.R. 78 (C.A.), consd. [para. 35].

Phillips v. Riverview Truck Repair Ltd. (2007), 319 N.B.R.(2d) 112; 823 A.P.R. 112 (C.A.), consd. [para. 35].

Counsel:

Avocats:

Steven Beaulne, per se;

Paul Thériault, per se;

Guy Thériault, per se.

This matter was heard on May 26, 2008, by LaVigne, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Edmundston, who delivered the following decision on June 9, 2008.