2. Letourneau v. Otto Mobiles Edmonton

(1984) Ltd., 2002 ABQB 609 (CanLII),

[2003] 3 WWR 389

Letourneau's trailer was in need of repair, so he took it to Otto Mobiles

and was directed to park the trailer in the adjacent parking lot. Otto

Mobiles agreed to repair the trailer the following day. Overnight, the

trailer was stolen. Letourneau sued Otto Mobiles for damages, alleging a

bailment existed that was negligently breached. The defendant denied

liability, relying on a waiver that was contained in a previous work order

signed by Letourneau. No work order for the requested service on the

trailer was created on this occasion.

Identify the issues in this case. If a bailment does exist, what duty of care

arises? What weight will be given to the waiver? Explain the likely

outcome of this case.