Conversion, Detinue, and Trespass to Chattels:

Question: How can Lynxs Paralegal help you with a claim for wrongful interference with your personal belongings in Ontario?

Answer: Lynxs Paralegal (Legal Services) can help you assess whether your facts fit trespass to chattels when someone wrongfully interferes with your personal property without taking it away, and they can help you understand the difference from conversion and detinue and what damages may be claimable in Ontario.   If your items were harmed or devalued, or the interference was troubling or malicious, they can also help outline whether you may pursue actual loss, general damages, and potentially punitive damages, with a practical next-step plan tailored to your situation across Ontario.   Call (647) 249-6676 to discuss your matter.

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.