A B.C. man has lost his bid to be reimbursed for a jacket he claimed was stolen from a fitness centre due to inadequate security.
Pardeep Baidwan, a former member of GoodLife Fitness Centres Inc., said his Canada Goose jacket was stolen from GoodLife’s unsecured cubbies while he was working out.
He told Civil Resolution Tribunal vice-chair Andrea Ritchie that GoodLife was responsible for the theft. He asked for $1,674.40 in reimbursement.
GoodLife’s response, said Ritchie’s Feb. 7 decision, was that its security measures were adequate. It said Baidwan signed a contract stating GoodLife was not responsible for theft and owed Baidwan nothing.
On Nov. 29, 2022, Baidwan said he put his Canada Goose parka in an open cubby on the workout floor, and when he returned shortly after, it was gone.
He reported the theft.
The general manager spent over an hour reviewing camera footage but could not identify anyone with the jacket.
GoodLife didn’t dispute Baidwan’s jacket was stolen.
“I accept that an unknown person took Mr. Baidwan’s jacket,” Ritchie said. “There is no allegation that it was a GoodLife employee.”
Ritchie said lockers are provided but Baidwan chose not to use one.
She said Baidwan did not address the signed contract, other than to argue GoodLife was “hiding behind” it.
“The difficulty for Mr. Baidwan is that there is simply no evidence of negligence by GoodLife,” the tribunal said.
“I find Mr. Baidwan had the option of securing his belongings in a locked area, and chose not to,” Ritchie said. “Given this, and the parties’ signed contract which states GoodLife is not responsible for missing belongings, I find there is no basis to hold GoodLife responsible for the missing jacket.”
She dismissed the claim.