Commercial law in Canada

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In conclusion. the issue was whether Blacklab was responsible for damaging Ms. Chahal's laptop and if any remedies were appropriate. The tribunal has ordered Blacklab to pay Ms. Chahal $89.20 as damages within 30 days of the order. Additionally. Ms. Chahal is entitled to post judgment in teresl. as applicable. The tribunal has also stated that a validated copy of the CRT's order can be enforced through the Provincial Court of British Columbia under section 58.1 of the CRTA. Once the // order is filed= it has the same force and effect _ as the Provincial Court of British Columbia order. \\v Recommendations - The client should both insure against loss and limit liability through the use of an exculpatory clause included in the service contract - The Bailee should keep a notice posted along the lines of \"property left at own risk\" that is clearly visible on premises to notify that the risk remains on the bailor. - Blacklab Ltd to keep documentation of a photo or another piece of evidence that would show how customer products come in for repairs Personal Property/ Bailment RSON OPER Chahal v. Blacklab computers Ltd Francis, Nolan, Maryam, Hector Overview Black lab denies liability and says it Gia Chahal says Gia says that disassembled the Ms. Chahal Blacklab fails to fix laptop into 3 parts but she left the laptop represents herself could not complete with Blacklab the laptop, repairs or reassemble and an Computers Ltd. for scratches it and it because no employee/princip left it al represents repairs replacement parts disassembled were available. Blacklab Blacklab also denies scratching the laptop.- GIA Q :HAHAL'S ARE! IMENT: - Ms. Chahal is claiming against Blacklab for damages related to their handling of her laptop while it was in their possession for repairs. A bailee must take reasonable care of the property entrusted to them and return it to the bailor upon demand. Specically, she argues that Blacklai: was negligent in caring for the laptop, resulting in scratches to the casing and failure to repair the screen and hinge as agreed upon. She is seeking compensation of $800 for the cost of reassembling the laptop and repairing the damage caused by Blacklab and the repairs that were not completed. APPLICATION W: Black Lab Computers Ltd argued they were not responsible for damaging Ms. Chahal's laptop as they had only been hired to repair the personal property. Any damage caused was not due to their negligence or fault. They claimed that they only had control over the laptop as a bailrnent, which is a temporaryr transfer of possession of the personal property, and that they had fullled their duty of care as a bailee. Therefore, they argued that they could not be held liable for damages to the laptop, which is Ms. Chahal's personal property. Black Lab's Evidence: Although Blacklah claimed that Ms. Chahal signed a work order stating that Blacklab was not responsible for any damage while the laptop was in its possession, Blacldab did not submit a copy of the work order as evidence. As a result, the claim was unproven. Ms. Chahal's Evidence: . Ms. Chahal's evidence would include bringing her laptop to Blacklab with a damaged screen and broken right hinge, and AP P'- I CAT] 0 N she was quoted about $400 to replace the screen and hinge. Addition ally, the phone log shows that Ms. Chahal called Blacklab several times from October to December 2021 to follow up on the status of the repairs. Ms. Chahal's evidence would also include that Blacklab disassembled her laptop into three parts and returned it still disassembled, with the screen and right hinge left unrepaired. \fKEY ISSUES If BlackLab Ltd was The issue in this dispute is responsible of the whether Blacklab LTD is damages, Is there any limits of liability under this responsible for damaging Is Ms. Chahal's claim contract? the laptop. reasonable considering the damages to her laptop. RULES Personal property refers to movable property, which is not attached to land or real estate. . Bailment - Is a temporary transfer of property, where the personal property of one person, a "bailor", is handed over to another person, a "bailee". The law of bailment applies to a wide range of commercial activities, including the repair of goods. Bailments under contract often include exclusionary clauses to limit the liability of the bailee. . Bailment for Value: A bailment involving a mutual benefit or consideration flowing between the parties. . In a civil case, the plaintiff/Chahal has the burden of proving their case on the balance of probabilities. This means that they must convince the court that it is more likely than not that their version of events is true. Standard Of Care: The standard of care expected of a bailee is to exercise the care that would be expected from a reasonable person in the circumstances