Conversion, Detinue, and Trespass to Chattels:

Question:When can I claim trespass to chattels in Ontario for interference with my car or other personal belongings?

Answer:If someone wrongly interferes with your personal property and you still retain possession or control of the item (for example, they damage your vehicle, tamper with household goods, or otherwise directly interfere without taking it from you), you may have a trespass to chattels claim in Ontario, with damages that can include actual loss (like devaluation) and, depending on the facts, general damages or punitive damages; a paralegal at VP Legal Services & Notary can help you assess whether the conduct fits trespass to chattels versus conversion or detinue, gather evidence, and plan next steps so you can protect your rights without delay   Call (437) 286-1499 for a free 1/4 hour consultation and get practical guidance for your situation in Ontario.

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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.

Note: Please contact VP Legal Services & Notary by phone at: (437) 286-1499 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.