Dr. Vijay Prashad, an accountant, lost his cell phone while staying at The Cozy Inn and Hotel while on vacation in Niagara-on-the-Lake. Prashad was confident that the hotel staff would locate his phone and return it to him in due course. As Prashad stated; "theft wasn't at the top of my radar." However, his phone had been stolen by one of the hotel housekeeping staff members, Veronica Walsh when she cleaned his room. Walsh then sold the phone to a third party.

Prashad waited two weeks before contacting Telus, during which time 8 GB in data roaming was consumed by whoever had bought his cell phone from Walsh. When Prashad complained to Telus about the highly distressing $24,000 bill he subsequently received for data roaming, Telus advised that he had provided consent to incurring additional roaming charges when he signed up for his phone package and was therefore responsible for paying the full amount of the bill.

1. Does Dr. Prashad have any recourse against the hotel for reimbursement of the $24,000 bill? Advise him of the actions he may maintain against the hotel and/or its staff, and be sure to identify the cause of action(s) and the elements he must prove. Do you feel he would be successful? Why or why not? 2. Looking specifically at the contract with Telus what arguments would you put forth for Telus trying to enforce the contract and what arguments would you put forth for Dr. Prashad?