Dividing Title & Possession: Bailments, Leases

Question 1

Bailments in practice - Issues of characterization and contractual terms

Answer 1

Car, tickets reads “we are not responsible for theft or damage” – leaves keys in car of parking lot at lot’s request – personal property in car stolen – appellant says words on ticket exonerate them, their premises were only a licence, thus no bailment & no duty – Heffron v Imperial Parking 400

Question 2

Signage, tickets, liability for negligence

Answer 2

Parked car in parking lot, left keys at request of lot, car stolen – was this bailment or license? – “charges are for use of parking space only… assumes no responsibility for loss/damage” – Bata v City Parking 405
Car stolen from car park near airport – bailment? – had terms of contract been made clear/brought to attention of plaintiff? – Davis v Fly Park 406

Question 3

Waivers: clauses, excluding liability

Answer 3

Plaintiff stored yacht with defendant – fire broke out, yacht destroyed – was contract between parties a bailment? Was waiver able to remove standard of care? – Davidson v Robertson 406

Question 4

Contents of a car (constructive bailment)

Answer 4

Car, keys left with parking attendant – told attendant valuable property inside car – property stolen – was plaintiff notifying attendant enough? – Minichiello v Devonshire Hotel 407

Question 5

Duties of bailors, bailees

Answer 5

Friend allows friend to borrow car – borrower lets girlfriend drive, gets into accident – was this a bailment? – did borrower friend exercise reasonable care? – Ertan v Thomas 408

Question 6

Leasehold estates in land - Commercial lease or licence?

Answer 6

Landlord-tenant relationship – lessor wants to evict commercial tenant – lessor says they have lease agreement – tenant says they have licence agreement – agreement has clauses that forbid/restrict actions in relation to the property: “tenant will not use property for X…” “tenant will only sell landlord’s products…” – Re British American Oil v Depass 413

Appellant leases, operates washing machines to Hul – agreement called “lease agreement” – terms give Metro exclusive right to install, maintain washing machines in particular room – has access to room for work – if Hul sells building, has to ensure agreement continues to be honoured – new company tries kicking Metro out – is this a lease or a licence? – Metro-Matic Services v Hulman 416

Question 7

Termination remedies in commercial leaseholds

Answer 7

Lessor of a shopping centre, lessee in the shopping centre – wrongful repudiation of lease by commercial tenant – Highway Properties v Kelly 425

Question 8

Landlord duty to mitigate

Answer 8

Landlord left premises vacant for 9 months after tenant’s wrongful repudiation of lease – landlord terminates lease after 9 months, rented to new tenant at higher rent – landlord sues 1st tenant for lost rent over 9 month span – did landlord mitigate effectively, are they entitled to damages? – Toronto Housing v Postal Promotions 433

Question 9

Property remedies

Answer 9

Landlord seeks to rely on 3rd property law remedy – relets premise for term longer than original lease – original tenant says landlord has effectively terminated OG lease by reletting for longer – Pacific Centre v Micro Base 433

Question 10

Privity of contract

Answer 10

Landlord & tenant no longer have privity of contract – tenant gave their remaining leasehold interest to 3rd party – 3rd party then breaches lease – landlord seeks damages for value of unpaid future rent – does landlord have privity with 3rd party? – Wing Lee Holdings v Coleman 435