1709173 Ontario Inc. v. 2779474 Ontario Inc.
1709173 Ontario Inc.
Law Firm / Organization
Not Specified
2779474 Ontario Inc.
Law Firm / Organization
Baldwin Sennecke Halman LLP
Lawyer(s)

Evan L. Tingley

Jinnia Batista also known as Gina Batista
Law Firm / Organization
Baldwin Sennecke Halman LLP
Lawyer(s)

Evan L. Tingley

1160 Cranberry Investments GP Inc.
Law Firm / Organization
Scarfone Hawkins LLP
Lawyer(s)

Matthew Cino

Joseph Accardi
Law Firm / Organization
Scarfone Hawkins LLP
Lawyer(s)

Matthew Cino

Mark Accardi
Law Firm / Organization
Scarfone Hawkins LLP
Lawyer(s)

Matthew Cino

  • Issue: Ownership and compensation for chattels (personal property) retained on property sold by the Applicant to the Respondent.
  • Background: The Applicant sold "Bala Woodlands" to the Respondent but retained certain chattels (canoes, golf cart, sculptures, trailer) on the premises due to COVID-19 constraints. An agreement was made for their temporary storage without charge.
  • Dispute: The Applicant claims ownership of the chattels and seeks damages for lost items, asserting a bailment agreement. The Respondents argue the chattels were abandoned or covered under a license agreement, disclaiming liability.
  • Court Findings:
    • No abandonment: The court found no intent to abandon by the Applicant.
    • Bailment, not a license: The agreement was deemed a bailment, placing responsibility for the chattels' safekeeping on the Respondent.
    • Unauthorized transfer: The Respondents had no right to sell or transfer the chattels to third parties.
  • Decision: The court ruled in favor of the Applicant, ordering the return of remaining chattels and awarding $10,000 in damages for lost items.
Superior Court of Justice - Ontario
CV-22-0065
Corporate & commercial law
$ 10,000
Applicant