Question

Kevin, has accepted a job with Amazon Canada as a Sales Representative. The post requires that he take a lengthy training session in Toronto. While in Toronto, he resided at Belmont Inn on the 11th floor. After being in the training program for over a month, he received a call from his friend Marc, informing him that he would also be staying at the same hotel while attending a business conference. Bayship Ltd employs Marc. On the Saturday of the weekend that Marc and Kevin were both in the hotel, their friend Claude joined them and they planned to take in a baseball game. During the day of the game, they decided to go to Casino-Rama and try their luck. Claude ended up winning $15,000.00. Upon returning to the hotel, Claude and Kevin approached the front desk and ask to deposit the winnings in the safe. The hotel obliged them. At 4:00 p.m. the group left for the game. After the game they decided to go out to the bars where they met up with three ladies.

After spending the majority of the evening with the ladies they were invited to go home with the ladies. When they arrive back at the hotel the next day, they notice a police presence. They are informed that guest floors 9 through 14 had been broken into and the safe from the front desk was robbed over-night. The boys are now interested in recovering their loss. Their losses include clothing, personal items, a computer belonging to Bayship Ltd, and the money that was won at the casino.

Mr. Yanick Gingras produced this case.

Longchamps, D., & Wright, B. H. (2007). Canadian Hospitality Law Liabilities and Risks. (p221) Toronto, Ontario: Nelson Education Publishing

What potential claims can kevin and marc have against the hotel?

Answer 1

Kevin and Marc could potentially claim negligence and bailment against the hotel due to theft of their property, including clothing, a computer, and casino winnings. Assessment of the hotel's liability would depend on various factors, including their security measures, terms and conditions, and any contributory negligence from the guests.

Step-by-step explanation:

Kevin and Marc may have potential claims against the hotel based on the idea that the hotel had a duty to provide a reasonable level of security for its guests and their property.

The claims could include the loss of personal items, clothing, a computer owned by Bayship Ltd, and the casino winnings stored in the hotel's safe. This would typically fall under the branch of law dealing with negligence and bailment, where the hotel, as a bailee, may be held responsible for the safekeeping of guests' property.

There are several factors to consider, such as the terms and conditions of the hotel regarding liability, any disclaimers provided at check-in or within the room, and local laws that might limit the liability of the innkeeper.

The hotel's standard of care and whether it provided adequate security measures would also be critical in determining the hotel's liability. Additionally, whether the guests had contributed to the risk by their actions could affect their ability to recover losses.