Conversion, Detinue, and Trespass to Chattels:

Question: What should I do if someone interfered with or damaged my personal belongings in Ontario, and can a paralegal help me pursue trespass to chattels damages?

Answer: ?

Answer: In Ontario, you can turn to White Owl Legal for help with a trespass to chattels claim when someone directly interfered with your possession of a movable item (for example, clothing, household goods, appliances, or other personal belongings) without taking it from your control, and the focus is on the wrongful disturbance rather than theft or deprivation of possession.  Your potential damages can include actual loss such as devaluation or repair costs, and in some cases general damages for the disruption caused, plus punitive damages if the conduct was intentional or egregiously malicious.  If you want to explore options, call (289) 839-3075 to speak with a Ontario paralegal about what happened, what evidence you have, and the best next steps for your situation.

Wrongful Interference With Personal Belongings

Trespass to chattels is, essentially, the proper civil law term for referring to harm to chattels, meaning objects unattached to land, such as personal belongings including furniture, clothing, appliances, cars, boats, among other things, as well as commercial belongings such as mobile equipment, products and supplies, materials, among other business related objects.

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.