Dean v. Kotsopoulos

Dean v. Kotsopoulos

The trial judge erred in finding abandonment because the appellants demonstrated ongoing intent to retain the equipment within the critical period prior to the respondents’ disposition of the property; accordingly the respondents were liable for conversion and appellants were awarded nominal damages of $10,000 plus agreed costs of $6,700.

Citation
2012 ONCA 143
Parties
Appellant (plaintiff): Ronald James Dean; Appellant (plaintiff): 1083994 Ontario Inc.; Respondent (defendant): Steve Kotsopoulos; Respondent (defendant): Ted’s Restaurant East York Limited
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
7 March 2012
Procedural Posture
Civil / Appeal From Judgment of the Superior Court of Justice
Outcome
Appeal allowed; judgment of trial judge set aside; judgment entered for appellants for conversion.
Legal Topics
Conversion, Abandonment, Damages, Lease, Possessory Rights
Source Language
English
Civil Tort Property Equity Conversion Abandonment Damages Lease +1 more

Case Brief

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Parties

Ronald James Dean

Appellant (plaintiff)

1083994 Ontario Inc.

Appellant (plaintiff)

Steve Kotsopoulos

Respondent (defendant)

Ted’s Restaurant East York Limited

Respondent (defendant)

Procedural Posture

Civil / Appeal From Judgment of the Superior Court of Justice

Legal Issues

  1. 1 Whether the appellants abandoned the restaurant equipment such that abandonment is a defence to conversion
  2. 2 Whether the respondents are liable for conversion for leasing and selling equipment purchased by the appellants
  3. 3 Appropriate quantum of damages for conversion

Ratio Decidendi

The trial judge erred in finding abandonment because the appellants demonstrated ongoing intent to retain the equipment within the critical period prior to the respondents’ disposition of the property; accordingly the respondents were liable for conversion and appellants were awarded nominal damages of $10,000 plus agreed costs of $6,700.

Court Disposition

Appeal allowed; judgment of trial judge set aside; judgment entered for appellants for conversion.

Orders

  • Set aside the trial judge’s finding that the appellants abandoned the equipment
  • Grant judgment in favour of the appellants in the amount of 10000.00 CAD for conversion