665750 Ontario Inc. v. Atlantic Towing Inc.

665750 Ontario Inc. v. Atlantic Towing Inc.

The appellant was properly held jointly and severally liable for conversion because his active involvement and conduct amounted to wrongful interference with Camrob's goods; however the application judge erred in awarding HST as part of conversion damages where the plaintiff did not incur HST, warranting reduction of the award.

Citation
2018 ONCA 397
Parties
Applicant (respondent on Appeal): 665750 Ontario Inc. carrying on business as Camrob Enterprises; Respondent (appellant on Appeal): Atlantic Towing Inc. carrying on business as Chris’s Towing, Chris’s Towing Inc.; Respondent (appellant on Appeal): Earl Lewis carrying business as The Recovery Board
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
24 April 2018
Procedural Posture
Civil / Appeal From Application Judge Decision
Outcome
Appeal allowed in part. Liability for conversion affirmed against appellant; damages reduced to remove erroneously awarded HST.
Legal Topics
Conversion, Agency Liability, Damages Calculation, Harmonized Sales Tax (hst)
Source Language
English
Tort Property Civil Procedure Tax Conversion Agency Liability Damages Calculation Harmonized Sales Tax (hst)

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Parties

665750 Ontario Inc. carrying on business as Camrob Enterprises

Applicant (respondent on Appeal)

Atlantic Towing Inc. carrying on business as Chris’s Towing, Chris’s Towing Inc.

Respondent (appellant on Appeal)

Earl Lewis carrying business as The Recovery Board

Respondent (appellant on Appeal)

Procedural Posture

Civil / Appeal From Application Judge Decision

Legal Issues

  1. 1 Whether an agent (Earl Lewis) is liable for conversion based on his involvement and exercise of dominion over goods
  2. 2 Whether damages for conversion may include HST where HST was not incurred by the plaintiff
  3. 3 Whether liability should be joint and several

Ratio Decidendi

The appellant was properly held jointly and severally liable for conversion because his active involvement and conduct amounted to wrongful interference with Camrob's goods; however the application judge erred in awarding HST as part of conversion damages where the plaintiff did not incur HST, warranting reduction of the award.

Court Disposition

Appeal allowed in part. Liability for conversion affirmed against appellant; damages reduced to remove erroneously awarded HST.

Orders

  • Appeal allowed in part
  • Liability of appellant for conversion affirmed, joint and several