The appellant valet parking operator appealed a Small Claims Court judgment finding it liable for the theft of the respondent's vehicle, which was stolen after an employee left it idling and unattended with the keys inside.
The Divisional Court upheld the trial judge's findings on negligence and agency, agreeing that the valet breached the standard of care.
However, the appeal was granted because the trial judge erred by adding a related corporate entity as a defendant on their own initiative without a motion, notice, or an opportunity for the added party to respond.
The matter was remanded for a new trial.
