Last Updated: August 22 2026
What damages can I claim in Ontario for trespass to chattels involving wrongful interference with my personal belongings?
If your personal property (a chattel) was interfered with without you being deprived of possession, Byfield Legal Services can help a paralegal assess whether trespass to chattels applies and what losses you can realistically claim in Ontario, including actual loss from devaluation of the item, possible general damages for trouble and emotional disruption, and punitive damages where the conduct was intentional or egregiously malicious (Ontario Consumers Home Services v. Enercare Inc., 2014 ONSC 4154). For a fast, practical next step and document review, call (289) 927-7365.
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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 Byfield Legal Services by phone at: (289) 927-7365 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:
[50] In Hudson’s Bay Company v. White, [1997] O.J. No. 307 (Ont.Gen.Div.) Lederman J. at para. 8 referenced the criteria necessary for trespass to chattels:
In Clerk and Lindsell on Torts, 17th ed. (London: Sweet and Maxwell, 1995), at p. 705, the authors define trespass to chattels, or “trespass to goods”, as being concerned with “the direct, immediate interference with the plaintiff’s possession of a chattel”. Halsbury’s offers a similar definition at Vol. 45, para. 1491: “Trespass to goods is an unlawful disturbance of the possession of goods by seizure or removal, or by a direct act causing damage to the goods”.
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.
NOTE: A significant quantity of online searches for “lawyers near me” or “best lawyer in” typically indicates an urgent requirement for competent legal assistance rather than indicating a particular job title. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and possess the authority to represent clients in specified litigation issues. Advocacy, legal assessment, and procedural proficiency are fundamental to that position. Byfield Legal Services provides legal representation within its licensed mandate/scope, focusing on strategic positioning, evidence preparation, and persuasive advocacy geared toward achieving effective and favourable outcomes for clients.
