Recovery of Goods - Revision history

Drew Jackson: /* Related topics and materials */

2018-10-12T13:50:28Z

Drew Jackson: /* Remedies for the return of goods */

2018-10-12T13:49:24Z

Remedies for the return of goods

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	If it is determined that someone wrongfully took or kept property, the rightful owner of the property has a cause of action for the return of the goods. Both the Small Claims Court and the Supreme Court can make orders for the return of goods. The courts may also award damages, in addition to the return of the property, for the inconvenience of having had the property taken.		If it is determined that someone wrongfully took or kept property, the rightful owner of the property has a cause of action for the return of the goods. Both the Small Claims Court and the Supreme Court can make orders for the return of goods. The courts may also award damages, in addition to the return of the property, for the inconvenience of having had the property taken.

	There is an additional interim remedy available to parties who have had property wrongfully taken. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-253/latest/rsbc-1996-c-253.html#sec57_smooth section 57] of the ''Law and Equity Act'', [http://canlii.ca/t/8571 Small Claims Rule 17(18)], and [http://canlii.ca/t/8lld Supreme Court Civil Rule] 10-1, the courts can make an immediate order for the preservation or return of goods, pending a final disposition of the case. This means that the person making the claim may be able to get an immediate order for the return of the goods, on their promise to hold the goods until the matter goes to trial — if it comes to that. Consult a lawyer about the process and the likelihood of success with interim applications.		There is an additional interim remedy available to parties who have had property wrongfully taken. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-253/latest/rsbc-1996-c-253.html#sec57_smooth section 57] of the ''Law and Equity Act'', [http://canlii.ca/t/8571 Small Claims Rule] 17(18), and [http://canlii.ca/t/8lld Supreme Court Civil Rule] 10-1, the courts can make an immediate order for the preservation or return of goods, pending a final disposition of the case. This means that the person making the claim may be able to get an immediate order for the return of the goods, on their promise to hold the goods until the matter goes to trial — if it comes to that. Consult a lawyer about the process and the likelihood of success with interim applications.

	== Information gathering==		== Information gathering==

Drew Jackson: /* Related topics and materials */

2018-10-12T13:23:27Z

Drew Jackson at 14:37, 9 October 2018

2018-10-09T14:37:42Z

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	== Client problems==		== Client problems==
	* ~~Secured~~ creditor has repossessed property belonging to the client that was not subject to a security agreement.		* Secured creditor has repossessed property belonging to the client that was not subject to a security agreement.
	* Court bailiff has seized property from a judgment debtor that actually belongs to the client, who is not a judgment debtor.		* Court bailiff has seized property from a judgment debtor that actually belongs to the client, who is not a judgment debtor.
	* Client has lent property to someone, and the other person will not give it back.		* Client has lent property to someone, and the other person will not give it back.
	* Someone has taken the client’s property and will not give it back.		* Someone has taken the client’s property and will not give it back.

	== Summary of the law==		== Summary of the law==
	[[File:Consumer_Law_and_Debt_-_Recovery_of_Goods.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]		[[File:Consumer_Law_and_Debt_-_Recovery_of_Goods.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]

Elena Renderos at 02:32, 2 October 2018

2018-10-02T02:32:13Z

← Older revision		Revision as of 02:32, 2 October 2018
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	== Summary of the law==		== Summary of the law==
			[[File:Consumer_Law_and_Debt_-_Recovery_of_Goods.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	In general, when someone takes or keeps someone else’s property, the person taking or keeping the property must have a legal right to do so. The owner of the property usually has the right to attempt to recover it or, if recovery cannot be carried out peacefully, to get a court order for the return of the property.		In general, when someone takes or keeps someone else’s property, the person taking or keeping the property must have a legal right to do so. The owner of the property usually has the right to attempt to recover it or, if recovery cannot be carried out peacefully, to get a court order for the return of the property.

Elena Renderos at 19:34, 19 September 2018

2018-09-19T19:34:11Z

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	See the other sections on legal actions:		See the other sections on legal actions:
	* Fraudulent Conveyances and Fraudulent ~~Preferences~~		* [[Fraudulent Conveyances and Fraudulent Preferences]]
	* Tort ~~Actions~~		* [[Tort Actions]]

	See related topics:		See related topics:
	* Bailiffs, Court Bailiffs and Sheriffs		* [[Bailiffs, Court Bailiffs and Sheriffs]]
	* Enforcing Judgments Against ~~Chattels~~		* [[Enforcing Judgments Against Chattels]]
	* Repairers’ ~~Liens~~		* [[Repairers’ Liens]]
	* Security ~~Agreements~~		* [[Security Agreements]]

Elena Renderos at 00:39, 17 September 2018

2018-09-17T00:39:28Z

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	* Repairers’ Liens		* Repairers’ Liens
	* Security Agreements		* Security Agreements


	{{Consumer and Debt Law Navbox\|type = consumer}}		{{Consumer and Debt Law Navbox\|type = consumer}}

Elena Renderos at 23:35, 16 September 2018

2018-09-16T23:35:03Z

← Older revision		Revision as of 23:35, 16 September 2018
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	In general, when someone takes or keeps someone else’s property, the person taking or keeping the property must have a legal right to do so. The owner of the property usually has the right to attempt to recover it or, if recovery cannot be carried out peacefully, to get a court order for the return of the property.		In general, when someone takes or keeps someone else’s property, the person taking or keeping the property must have a legal right to do so. The owner of the property usually has the right to attempt to recover it or, if recovery cannot be carried out peacefully, to get a court order for the return of the property.

	A range of circumstances give legal rights to take or keep property; those circumstances are discussed throughout this publication. For example, secured creditors can repossess property that is the subject of a security agreement when the debtor defaults on payment, court bailiffs can seize the assets of a judgment debtor under an order for seizure and sale, and repairers have lien rights to keep the chattels (personal, moveable possessions) of a debtor until payment is made for the repair services.		A range of circumstances give legal rights to take or keep property; those circumstances are discussed throughout this publication. For example, secured creditors can repossess property that is the subject of a [[Security Agreements\|security agreement]] when the debtor defaults on payment, [[Bailiffs, Court Bailiffs and Sheriffs\|court bailiffs]] can seize the assets of a judgment debtor under an order for seizure and sale, and [[Repairers' Liens\|repairers have lien rights]] to keep the chattels (personal, moveable possessions) of a debtor until payment is made for the repair services.

	=== The legal right to take or keep property ===		=== The legal right to take or keep property ===

Elena Renderos at 05:22, 9 September 2018

2018-09-09T05:22:49Z

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 {{REVIEWEDPLS | reviewer = [[Alison Ward]]|date= August 2018}}{{Consumer and Debt Law TOC|expanded = actions}}
-{{ambox
+The right to take or keep property depends on the validity of the contractual or legal right claimed. If someone wrongfully took or kept property, the rightful owner of the property has a '''cause of action for the return of the goods'''.
-| type       = content
-| small      = center
+== Client problems==
-| image      =
+* Secured creditor has repossessed property belonging to the client that was not subject to a security agreement.
-| smallimage =
+* Court bailiff has seized property from a judgment debtor that actually belongs to the client, who is not a judgment debtor.
-| textstyle  =
+* Client has lent property to someone, and the other person will not give it back.
-| text       = This page is in the process of being updated. Please check back shortly.<br>
+* Someone has taken the client’s property and will not give it back.
-| smalltext  =
-}}
+== Summary of the law==
 {{Consumer and Debt Law Navbox|type = consumer}}

Drew Jackson at 04:05, 29 August 2018

2018-08-29T04:05:06Z

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	{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= ~~June~~ 2018}}{{Consumer and Debt Law TOC\|expanded = actions}}		{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = actions}}

	{{ambox		{{ambox

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	{{Consumer and Debt Law Navbox\|type = ~~consumer~~}}		{{Consumer and Debt Law Navbox\|type = debt}}

	{{Creative Commons for PLS		{{Creative Commons for PLS

← Older revision		Revision as of 13:50, 12 October 2018
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	* [[Bailiffs, Court Bailiffs and Sheriffs]]		* [[Bailiffs, Court Bailiffs and Sheriffs]]
	* [[Enforcing Judgments Against Chattels]]		* [[Enforcing Judgments Against Chattels]]
	* [[~~Repairers’~~ Liens]]		* [[Repairers' Liens]]
	* [[Security Agreements]]		* [[Security Agreements]]