Last Updated: August 22 2026
Can a paralegal help me sue for wrongful interference with my personal belongings in Ontario when they were damaged or tampered with but not taken?
In Ontario, trespass to chattels (trespass to goods) is commonly used when someone directly and unlawfully interferes with your personal property while you still retain possession or control, so you may be able to claim actual loss (like devaluation), and in some situations general damages for serious disruption and punitive damages if the conduct was intentional or egregiously malicious. DK Legal Practice paralegals can help you assess the facts, identify whether the claim is closer to trespass to chattels versus conversion or detinue, gather evidence, and prepare a dispute strategy tailored to your situation. To book a consultation, call (416) 906-6663.
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Wrongful Interference With Personal Belongings
The tort of trespass to chattels involves wrongful interference with chattels whereas the legal definition of chattels involves personal property objects that are unattached to land; and accordingly, a chattel may include items such as automobiles, aircraft, watercraft, household furnishings, artwork, moveable machinery, goods or stock of commercial inventory, pets and livestock, among various other belongings.
Note: Please contact DK Legal Practice by phone at: (416) 906-6663 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 inquiries featuring “lawyers near me” or “best lawyer in” frequently indicates a desire for prompt, competent legal assistance rather than a precise professional designation. In Ontario, “licensed paralegals” are governed by the same Law Society that supervises lawyers, granting them the authority to represent clients in specific litigation cases. Skills in advocacy, legal reasoning, and procedural execution are fundamental to that position. DK Legal Practice provides legal representation within its licensed framework, focusing on strategic positioning, evidence preparation, and compelling advocacy aimed at securing effective and favourable outcomes for clients.
