What is the remedy for detinue?
British Columbia, Canada
The following excerpt is from P.S. Sidhu Trucking Ltd. v Elima Enterprises Ltd., 2020 BCSC 1062 (CanLII):
The court has discretion to order either return of the property or damages in lieu of return as a remedy for detinue. Where the property consists of ordinary items of commerce, damages are the appropriate remedy: Mayne v. Kidd, 1951 CanLII 203 (SK CA), [1951] 2 D.L.R. 652 at 654 (Sask. C.A.).
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