SBA Lawyers
BY Tim Gillibrand
May 30th, 2025
Court of Appeal’s Approach to Rare Property— What happens when a trusted family ‘friend’ sells off a priceless vintage 1960 Corvette Convertible?
Robert Thomas Kew was a passionate collector of vintage cars. After he passed, a family friend, Mr. Konarski, was entrusted to keep the vehicles safe. Little did the family know, Mr. Konarski had sold most of the deceased’s Corvette for parts. It turns out these parts are very difficult to find and quite expensive – hence the temptation.
Assessing damages for unique property is rarely straightforward.
Replacement cost may not be enough — courts can award restoration costs, especially when sentimental value is high and the defendant’s conduct egregious. At trial, Mr. Konarski was found liable in the torts of conversion and detinue. These occur when someone wrongfully takes, holds, sells, or damages property belonging to someone else. In this case, Mr. Konarski was found responsible for selling parts of the Corvette without permission.
The recent Ontario Court of Appeal decision in Kew Estate v. Konarski shows how the law treats rare property damages when the stakes are more than just dollar figures.
There was no question that the Corvette was rare and therefore unique. More importantly, it had significant personal value to the deceased and his family. They even chose to have a Corvette engraved on his tombstone, showing how meaningful the car was to them.
