Canada Forgings Inc. v. Riverside Excavating (Niagara) Ltd.

Canada Forgings Inc. v. Riverside Excavating (Niagara) Ltd.

The Court of Appeal affirmed the trial judge's assessment that the die blocks were usable and effectively unique so that replacement cost, not scrap value, was the correct measure for damages; the factual findings that IMS received the majority of stolen die blocks were supported by the evidence and not palpably...

Source-derived case information.

Citation
2015 ONCA 433
Parties
Plaintiff (respondent): Canada Forgings Inc.; Defendant (appellant): Riverside Excavating (Niagara) Ltd.; Defendant (appellant): International Marine Salvage Inc.; Defendant (appellant): Remo Benedetti Jr.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
15 June 2015
Procedural Posture
Civil Tort (conversion) / Collection / Appeal From Superior Court of Justice Judgment
Outcome
Appeal dismissed; judgment of trial court affirmed in favour of respondent
Legal Topics
Conversion, Measure of Damages, Replacement Cost Vs Scrap Value, Causation for Consequential Losses, Appellate Review Standard
Source Language
english
Tort Civil Procedure Property Law Damages Conversion Measure of Damages Replacement Cost Vs Scrap Value Causation for Consequential Losses +1 more

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Parties

Canada Forgings Inc.

Plaintiff (respondent)

Riverside Excavating (Niagara) Ltd.

Defendant (appellant)

International Marine Salvage Inc.

Defendant (appellant)

Remo Benedetti Jr.

Defendant (appellant)

Procedural Posture

Civil Tort (conversion) / Collection / Appeal From Superior Court of Justice Judgment

Legal Issues

  1. 1 Whether replacement cost is the proper measure of damages for conversion of unique/usable die blocks or whether scrap value applies
  2. 2 Whether trial judge erred in finding IMS received approximately 90% of the missing die blocks
  3. 3 Whether plaintiff was entitled to $7,500 for lost time and productivity as consequential damages from the conversion

Ratio Decidendi

The Court of Appeal affirmed the trial judge's assessment that the die blocks were usable and effectively unique so that replacement cost, not scrap value, was the correct measure for damages; the factual findings that IMS received the majority of stolen die blocks were supported by the evidence and not palpably wrong; and the award of $7,500 for lost employee time was properly linked to the conversion. The appeal was dismissed.

Court Disposition

Appeal dismissed; judgment of trial court affirmed in favour of respondent

Orders

  • Judgment of Superior Court for respondent Canada Forgings Inc. in the amount of $270,735 affirmed
  • Appeal dismissed