Rounds v. Canada
T-622-87
Heald D.J.
11/12/95
29 pp.
Plaintiff-farmers adjudged bankrupt by receiving order; trustee in bankruptcy issuing warrant to seize certain farm equipment-Warrant requiring trustee or peace officer to make demand upon person in control of premises prior to entering upon premises-Trustee and RCMP officers entering premises prior to making demand for purpose of making requisite demand, thus committing technical trespass-Trustee proceeding with seizure and removal of equipment in spite of plaintiff's objection-During course of seizure plaintiff and two sons arrested for obstruction, handcuffed, taken to police station, and detained for several hours-Plaintiff claiming defendant liable in following torts: (1) trespass; (2) conversion; (3) false arrest; and (4) false imprisonment-Warrant providing legal vehicle enabling trustee to take possession of farm equipment; title of equipment vesting in trustee by virtue of warrant-Defendant trespassing upon plaintiffs' property until moment requisite demand made, whereupon defendant's actions supported by warrant thus terminating trespass-As at no time title to farm equipment vested in plaintiff, defendant not taking possession or control of any property belonging to plaintiff and action for conversion not maintainable-Defendant having onus to establish arrest and imprisonment of plaintiffs justified (Sandison v. Rybiak et al. (1973), 1 O.R. (2d) 74 (H.C.))-Positive finding of obstruction of lawful seizure; RCMP justified under circumstances in arrests without warrant-Technical breach of warrant not invalidating warrant and not rendering defendants trespassers-Original entry upon property by defendant's servant constituting technical trespass, however, upon making requisite demand, trespass ceasing to be actionable-Bankrupt person should not be able to avoid consequences of bankruptcy by simply remaining within property, thereby making required demand impossible-Damage sustained to vehicle towed from location in order that equipment could be seized not recoverable as tow truck operator acting as agent for trustee and not of defendant; damage lacking causal connection to defendant-Technical trespass meriting symbolic damage award in amount of $100; aggravated damages and punitive damages not appropriate as case falling far short of establishing malicious or oppressive conduct on part of RCMP officers or defendant's servants-Action dismissed.