Bangle v. Lafreniere,

Bangle v. Lafreniere,

Court found plaintiff consented to defendant's May 2007 occupation and handling of papers and therefore trespass and privacy claims failed; no binding oral contract for sale of all chattels was proved and chattels were not included in the written sale; defendant committed conversion in 2009 only as to chattels the plaintiff had not abandoned; damages for conversion assessed using defendants' valuation evidence and netted against proven set-offs, resulting in judgment for plaintiff of $13,927.75.

Citation
2012 BCSC 256
Parties
Plaintiff: Rexford Bangle; Defendant: Michel Lafreniere; Defendant: Blackhawk Diamond Drilling Limited
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 February 2012
Procedural Posture
Civil Torts and Contract / Trial Judgment (reasons for Judgment)
Outcome
Judgment for plaintiff in the amount of $13,927.75; trespass and breach of privacy claims dismissed; no binding contract for sale of chattels found; defendants' counterclaim largely dismissed.
Legal Topics
Conversion, Trespass, Breach of Privacy, Sale of Chattels, Damages, Capacity to Consent, Burden of Proof
Source Language
English
Tort Contract Property Evidence Conversion Trespass Breach of Privacy Sale of Chattels +3 more

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Parties

Rexford Bangle

Plaintiff

Michel Lafreniere

Defendant

Blackhawk Diamond Drilling Limited

Defendant

Procedural Posture

Civil Torts and Contract / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether defendant trespassed or breached plaintiff's privacy by occupying the house and handling papers in May 2007
  2. 2 Whether an oral contract existed for sale of chattels for $40,000/$50,000
  3. 3 Whether defendant converted plaintiff's chattels and the extent of conversion

Ratio Decidendi

Court found plaintiff consented to defendant's May 2007 occupation and handling of papers and therefore trespass and privacy claims failed; no binding oral contract for sale of all chattels was proved and chattels were not included in the written sale; defendant committed conversion in 2009 only as to chattels the plaintiff had not abandoned; damages for conversion assessed using defendants' valuation evidence and netted against proven set-offs, resulting in judgment for plaintiff of $13,927.75.

Court Disposition

Judgment for plaintiff in the amount of $13,927.75; trespass and breach of privacy claims dismissed; no binding contract for sale of chattels found; defendants' counterclaim largely dismissed.

Orders

  • Award plaintiff damages for conversion in the gross amount of $19,750.00 against Michel Lafreniere
  • Set off against conversion award: overpayment on contract services $822.25 and agreed refund for camp purchase $5,000.00 resulting in net judgment of $13,927.75 in favour of plaintiff