Conversion, Detinue, and Trespass to Chattels:

Question: What should I do if someone wrongfully damaged or moved my personal belongings in Ontario, and can a paralegal or notary help me pursue a claim for trespass to chattels?

Answer: If you believe someone wrongfully interfered with your personal belongings but you still had possession, you may have a civil claim for trespass to chattels, which is about direct, immediate interference with your possession of a chattel and can support recovery of actual losses like devaluation, and in some situations general damages and even punitive damages for intentional or egregiously malicious conduct.   In Ontario, VP Legal Services & Notary can help by explaining how trespass to chattels differs from conversion and detinue, gathering key facts and evidence, and preparing the necessary documents for next steps with paralegal and notary services across Ontario.   For a practical consultation and to learn what deadlines or options may apply to your situation, call (437) 286-1499 today.

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.