Hello there.

I will try and explain this as clearly as possible and with as much attention to detail as possible, please let me know if there is more information I need to give.

My ex husband (we are separated) and his ex girlfriend lived together for a short time. During the time that he lived there, he possessed some items that belonged to his and my daughter, as well as one item that belongs to me. They broke up a short while later (this was a good two years ago now) and he had to essentially move out in the middle of the night while having things thrown at him by a psychopath (to give you an idea of why he left the items there) - and he left all of his belongings, as well as my daughters and my belongings there.

The items are mostly of sentimental value, two baby books and a few photo albums and scrapbooks that I made while I was pregnant and when we had our daughter. Also a suitcase, which belongs to me, and a small amount of jewellry that belonged to my daughter.

I have made several (probably at least 20 or 30) attempts to contact this woman to try and get these items back. My ex husband has as well, however, he had to move to England at short notice after they split up, so it is difficult for him to really do much from over there.

I have set up dates and times with this woman to pick up items, only to have her not show up and not answer the phone. I have driven two hours a couple of times on the instances that she said we could come and get the items. I have suggested to her to put them on a greyhound collect so she wouldn't have to pay, they would even collect from her home. My ex husband has tried all of the same things, including trying to pay to have the items removed from her home.

Im sick to death of having to think of this, but it gives me a sick feeling that this woman seems to be holding these items for some sort of pleasure or something... and to think, she is getting married in a few months!!

Do I have any sort of case here?
Firstly, is it a small claims case in Canada?
Can she be charge with theft for withholding these items?

I guess I just don't want to have to "suck it up" as they say, quite yet... as per that sick feeling in my stomach.

Can I call the police?

How about this question... if the home that he lives in belongs to her fiancée and these items are in their home, can I take them both to court?

Thanks for whomever might have even a small light to shed on this. SOrry for all the bitterness that came out, with this particular individual, I just... well.. you can see.

Thanks.

Erika

Here is how I see things - from the US legal system.

I don't see unlawful conversion which is (simply stated) when I take your property and consider it my own except for one item which I believe you say your "ex" left there and she has kept, which she knows belongs to you, should be returned to you (if I am understanding you correctly). What conversation he had with her remains unknown - did he give it to her, say she could use it, tell her it's yours and she kept it. She KNOWS or will claim she KNOWS what their agreement was. You can only guess, unfortunately. You cannot testify concerning what your "ex" has told you.

You cannot sue on behalf of someone else. Therefore, you cannot sue to get your "ex's" property back from her. You MAY be able to sue for the return of your daughter's belongings but it comes down to unlawful conversion. I also don't want you to go to Court and appear foolish.

As far as making arrangements to return the items, making arrangements to meet you, plans falling apart - she will "probably" (and I'm in Court fairly often) say she will agree to anything to shut you up.

And, no, I see no theft here. She didn't go anyplace and take anything. Things were left in her possession and care willingly. Now, could your "ex" make an argument for theft, unlawful conversion? Possibly because he and she are the only two people who KNOW what their conversations were, what happened. But you can't.

Do you have any other questions? Can I help in some way?

Oh - the fiancé has no involvement in this simply by virtue of owning the property.

Yes, I'd also be sick to my stomach, felt taken advantage of, quite frankly on a quest for revenge - but legally there are problems.

Peace.