Editing Detinue (section)

==Canadian cases distinguishing replevin from detinue ==
''Manitoba Agricultural Credit Corp. v Heaman'',<ref>''Manitoba Agricultural Credit Corp. v Heaman'', 70 DLR 4th 518, (1990)</ref> a 1990 Canadian case, the Manitoba Court of Appeal adopted the words of the 1875 Manitoba Administration of Justice Act as having "codified, but not changed, at least in substance the action of replevin" by saying,

{{quote|Whenever any goods, chattels, bonds, debentures, promissory notes, bills of exchange, books of account, papers, writings, valuable securities or other personal property or effects have been wrongfully distrained under circumstances in which by the law of England replevin might be made, the person so complaining of such distress as unlawful, may obtain a writ of replevin in the manner prescribed by this Act}}

In the 1899 case ''McGregor v McGregor'',<ref>''McGregor v McGregor'' 6 BCR 432 (1899)</ref> British Columbia Supreme Court justice Irving wrote:

{{quote|An action of replevin may be brought (1) where goods have been wrongfully distrained or (2) where goods have been otherwise, i.e. otherwise than by distress, wrongfully taken or detained. The word 'wrongfully' is applicable to both cases. 'Wrongfully'&nbsp;... imports the infringement of some right, and any invasion of the civil rights of another is in itself a legal wrong, and the appropriate action for the violation of the legal right unconnected with contract is an action for tort. The early history of replevin action in England is traced (as)&nbsp;... The nature of the complaint in the action was for a tortious taking of the goods. Our British Columbia replevin action, which is wider than the English, gives the right to replevy to the party who could maintain trespass or trover. It is given, as it were, supplementary to, or in aid of, the remedy which those actions afford; but as all three actions, trespass, trover and replevin are classed&nbsp;... as actions of tort, I think the action under our British Columbia statute is for the tortious taking or tortious detention of goods.}}