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edits
Difference between revisions of "Recovery of Goods"
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→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) | 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== | ||
