Napier Bailiffs

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11/08/2021

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When To Call In The BailiffsIf your tenant misses the deadline or terms of the agreement they recently made with you – t...
07/20/2021

When To Call In The Bailiffs

If your tenant misses the deadline or terms of the agreement they recently made with you – then they have defaulted twice. The first time was when they didn’t pay the rent on time. The second was when they reneged on the provisional agreement.

This is enough to justify calling in your favourite bailiff.

We recognize that managing a commercial property requires more than cleaning, maintenance, and upkeep duties. Your owner...
07/13/2021

We recognize that managing a commercial property requires more than cleaning, maintenance, and upkeep duties. Your owners and investors are counting on their property managers to protect their investments, to keep cash flowing , and to make sure the properties stay profitable. This means they rely on you to help attract viable business tenants and keep them happy.

Communicating regularly with the tenants has a huge positive impact. This includes cultivating an open, honest, professional business relationship (emphasis on the professional!!) and letting them know you care about them. Today’s commercial tenant faces fluctuating customer needs, global competition, and now, increased insecurity due to the impacts of COVID-19. This can sometimes negatively affect the tenant and their ability to pay rent regularly and on time. A property manager must be aware of these trends and threats, since by affecting the tenant, they will also impact the property owners.

Reach Out to determine if your circumstances warrant a Landlord’s Distress or Termination of Lease.

The bailor will be able to sue for damages based on the level of duty of care.As just described, if a person agrees to a...
07/06/2021

The bailor will be able to sue for damages based on the level of duty of care.

As just described, if a person agrees to accept a fee or other consideration for holding possession of goods, they are generally held to a higher standard of care than a person who is doing so for no payment or benefit. Sometimes, though, a business might seek to remove the liability that comes from this elevated duty of care.

Consider a paid coat-check counter at a theatre, or a parking lot where you have to pay to park your car. You will often see a sign that says something like “management is not responsible for damage or loss caused,” but local laws may contradict this and prevent its enforcement, especially an attended car park.

A bailor who leaves their property for a fixed term may be deemed to have abandoned the property if it is not removed at...
06/29/2021

A bailor who leaves their property for a fixed term may be deemed to have abandoned the property if it is not removed at the end of the term, or within a reasonable length of time following. At that point, it may also convert to an involuntary bailment, for example abandoned property in a bank safe or a storage locker. This property might then go into trust holding, with the bailee holding it for some period, awaiting the owner.

If there is no clear term of bailment agreed upon, and the goods are deemed to be abandoned – the bailee is still obligated to give formal notice pursuant to the Repair and Storage Liens Act or the Commercial Tenancy Act that they intend to dispose of or sell the abandoned property.

In the case of commercial storage of goods, the storer/bailee also has a statutory right to dispose or liquidate the goods to satisfy overdue rent, and this is considered a lawful conversion of bailed goods, although notice may still be required.

If you find yourself with unwanted goods, vehicles, etc. left behind by someone, contact us. We may be able to help recover your costs.

If the bailment is for the mutual benefit of the bailor and bailee, it carries a moderate level of duty of care. This ha...
06/22/2021

If the bailment is for the mutual benefit of the bailor and bailee, it carries a moderate level of duty of care. This happens when there is an exchange of performances between the parties, for example, a service that requires payment. This may involve repair, storage, or alteration of an item, for a fee. It is considered mutual benefit as both parties receive a benefit (the bailor’s chattel is improved/repaired, and the bailee gets paid).
If the bailment is for the sole benefit of the bailor, it carries the lowest level of duty of care. This occurs when the owner is the only one benefitting from the bailment and the bailee is acting gratuitously. For example, an owner leaves a valuable item such as a car, a piece of jewelry, some art, an appliance, etc. in the safekeeping of a trusted friend while the owner is traveling or moving. There is no agreement or expectation to compensate the friend.
If the bailment is for the sole benefit of the bailee, it carries the highest duty of care. For example, a person loans their car to their neighbour, or loans a piece of equipment to a friend. The bailee (receiver) must exercise the highest level of care since the loan is being done solely for their benefit and no payment is being made to the owner. The bailee is liable for any damages arising from their own negligence or the negligence of others who gain access to the item, for example, the item is stolen by an unknown third party while in the borrower’s possession, or someone else uses the borrowed car while in the borrower’s possession. The borrower is deemed liable for the replacement cost.

Bailment is implied by law and can arise in a number of situations. Its two main types are voluntary and involuntary.Vol...
06/10/2021

Bailment is implied by law and can arise in a number of situations. Its two main types are voluntary and involuntary.

Voluntary is where the parties have agreed to the transfer, and the the bailee agrees to accept responsibility for possession of the goods. It’s a good idea to have a written agreement that describes this transaction, but it is not required in order to establish bailment.
Involuntary is where there is no agreement between the parties, and the bailee ends up with possession of the goods without any intent to do so. For example, a person leaves goods with a business or individual for service and does not return for them in a timely manner. Think about clothes left at a dry cleaner, a car left at a repair shop, or even vehicle impoundment after a Highway Traffic Act violation. The bailee must hold the goods safe for the bailor to reclaim within a reasonable time. They have become, by legal definition, an involuntary bailee.
Both forms of bailment carry a legal duty of care which refers to an expectation that the bailee will take reasonable precautions to safeguard the property in their possession. Ontario has a tiered system of liability that depends on the exact relationship between bailee and bailor, specifically whether it is voluntary or involuntary and who benefits. Either party can be held responsible if they are deemed negligent.

BAILMENT: WHAT IS IT? HOW DOES IT WORK? WHO IS RESPONSIBLE?Bailment describes a legal relationship in common law where t...
06/10/2021

BAILMENT: WHAT IS IT? HOW DOES IT WORK? WHO IS RESPONSIBLE?
Bailment describes a legal relationship in common law where the physical possession of personal property, also known as chattel, is transferred from one person – generally the owner – to another person. The person who transfers the chattel is called the bailor, and the person who receives the chattel is called the bailee.

It’s important to note here that receiving a chattel does not mean that the bailee now owns the object; they simply possess it, perhaps holding on to it temporarily for safekeeping. Ownership still stays with the bailor.

Conversion and Abandonment of PropertyTypically, when a landlord is accused of conversion it is because they “jumped the...
05/11/2021

Conversion and Abandonment of Property

Typically, when a landlord is accused of conversion it is because they “jumped the gun” and disposed of or liquidated the tenant’s chattels in opposition to the rightful owner’s wishes. The landlord will predictably defend these actions by saying the subject items were “abandoned.” But assuming they were abandoned is not enough. Court precedent states that:

“the party relying on the Defense of Abandonment bears the onus of proof and must demonstrate that the owner intended to abandon their property.”

Court Precedent

In previous case law, some of the determining factors as to whether an item is “abandoned” or not have been:

Passage of time
Nature of the transaction
Parties’ conduct
Nature and value of item

The most important thing for a landlord to keep in mind is that the action of leaving by a tenant should never be interpreted as carte blanche for a landlord to take possession of and liquidate the goods. There are many conditions that should be met, and it is advisable that the landlord obtain advice from a lawyer or qualified bailiff before any action is taken, and ideally well before anything, such as a “midnight move” occurs.

1083994 Ontario v. Kotsopoulos 2012ONCA 143

MEDIATION - An added benefit of working with Napier Bailiffs involves our professional mediation skills that we utilize ...
05/04/2021

MEDIATION - An added benefit of working with Napier Bailiffs involves our professional mediation skills that we utilize to help the parties come to an amicable resolution. This results in a win/win for both parties, helping keep business relationships intact.

The landlord’s right to Distress for rent is an efficient and effective method of eliminating delay tactics and achieving commercial rent recovery.

To determine if your circumstances warrant a Landlord's Distress or Termination, Reach Out.

The PPSA stands for the Personal Property Security Act. It is an act created by the Ontario Government to protect the pe...
04/27/2021

The PPSA stands for the Personal Property Security Act. It is an act created by the Ontario Government to protect the people involved in both sides of a transaction where lending and borrowing are involved. On one side this includes banks, leasing companies and businesses that offer in-house financing, and on the other side it involves the people who borrow the money or lease the goods. To use the official terms, the Act protects creditors, lenders, and lessors on one side, and borrowers and lessees on the other.

Address

92 Commerce Park Drive, Unit 11 Barrie
Toronto, ON
L4N8W8

Opening Hours

Monday 8:30am - 4:30pm
Tuesday 8:30am - 4:30pm
Wednesday 8:30am - 4:30pm
Thursday 8:30am - 4:30pm
Friday 8:30am - 4:30pm

Telephone

+17057396255

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