What is bail? What is bailment? It is important to distinguish between BAIL and BAILMENT. Bailment concerns civil law and pertains largely to your obligations with reference to goods in your possession that are owned by someone else.
Bail is related to criminal law. A person is arrested and jailed awaiting a trial date on the charges. The person arrested may be released subject to certain conditions (and if the accused agrees the release is on consent). If the Crown prosecutor believes the person should be held in jail awaiting a trial or the accused does not agree to the conditions, then a show cause hearing is held. The prosecutor shows cause as to why the person should remain in jail. This is a bail hearing. The concerns for release usually centre around the accused committing anther criminal offence or being a risk to public safety or fleeing the country. Conditions commonly imposed are keeping the peace (do not commit crimes), curfews, avoiding contact with certain people including the complainant, restrictions on places to go to, and promises not to use alcohol or drugs, and to appear in court as required. A release (pending trial) may be based on the accused’s undertaking or recognizance – essentially a promise. But a recognizance may come with a financial penalty if breached. A surety (someone with ability to pay if there is a breach) may be required. (Note that it is the USA that bail (release) commonly involves a large up front cash deposit.) This is a broad incomplete overview of bail in Canada. Anyone charged with a criminal offence should consult a lawyer experienced in such matters.
Below, BAILMENT in our civil law is canvassed.
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Parking-lot law involves the law of bailment, the law of contract, and the law of trespass: Graham v. Impark, 2010 ONSC 4982 (CanLII).
But in the following BC case, since there was no claim of any damage to a vehicle or a lack of proper care by the parking lot owner, bailment law did not apply: Golden v. AAA Brian’s Towing Ltd., 2022 BCCRT 1205 (CanLII).
In the following case, basic principles of bailment were re-stated and applied; namely:
A bailment is a temporary transfer of property, where the personal property of one person, a “bailor”, is handed over to another person, a “bailee”.
A bailment can exist independently of a contract, but in this dispute both a bailment and contractual relationship existed between the parties: Chahal v. Blacklab computers Ltd., 2022 BCCRT 1186 (CanLII).
Caution: Legal information is not legal advice.
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New and interesting information will be periodically added on this topic.
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This book contains a full chapter on "Bailment Law".