Conversion, Detinue, and Trespass to Chattels:

Question: Can I sue in Ontario for wrongful interference with my personal belongings when they were damaged without being taken?

Answer: Yes. In Ontario, the civil tort of trespass to chattels covers direct, unlawful interference with your possession or control of a chattel, such as damage to personal items (for example a car, clothing, electronics, or business equipment) where you are not deprived of possession the way conversion or detinue would involve.  Ontario courts describe the test as “direct, immediate interference” with possession, and damages can include actual loss (like devaluation), and in some cases general damages for distress and punitive damages for egregious conduct.  If you want to evaluate your options with a paralegal, White Owl Legal can help you assess evidence, identify the right claim, and estimate potential recovery, call (289) 839-3075 for an Ontario consultation.

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Wrongful Interference With Personal Belongings

Trespass to chattels involves wrongful harm by interference with chattels, chattels being legally defined as objects unattached to land that include personal belongings such as household furnishings, artwork, clothing, appliances, among other things, as well as commercial belongings such as moveable machinery, goods for sale as inventory stock, animals as livestock, among various other objects.

Note: Please contact White Owl Legal by phone at: (289) 839-3075 to discuss any specific questions that you may have.

The Law

Trespass to chattels is similar to conversion and detinue whereas all three relate to wrongful interference with a chattel; however, the distinguishing nuance with trespass to chattels is that the object remains in possession or control of the owner or person with rightful possession which differs from conversion and detinue where the owner or person with rightful possession is deprived of possession.  Perhaps the easiest way to explain the difference is to use the criminal law term in that conversion or detinue may arise from theft (criminal law term) of the object, being interference by removing the chattel from the possession of the rightful owner or person with right of possession and trespass to chattels may arise from vandalism (criminal law term) being interference without removal of the chattel.

The elements necessary to give rise to the tort of trespass to chattels were well articulated in Ontario Consumers Home Services v. Enercare Inc., 2014 ONSC 4154, where it was stated:

Claimable Damages

Where chattels, such as an automobile as a personal belonging, or other thing, is harmed per the law of trespass to chattels, a lawsuit may make claim for the resulting actual loss suffered, meaning the devaluation of the object as a result of the harm to the object.  Furthermore, depending on the circumstances, especially where the trespass was troublesome and emotionally disruptive, general damages may be appropriate; and additionally, where the trespass was intentional or egregiously malicious, punitive damages may be applicable.

Conclusion

The tort of trespass to chattels is found within the family of interference torts which include, among others, the torts of conversion and detinue.  The key difference with the tort of trespass to chattels and the tort of conversion or the tort of detinue, is that with trespass to chattels, the chattels, meaning goods or personal belongings, remain with the rightful owner or person with rightful possession.