Unfortunately, "stealing" someones garbage is not theft as made out in the criminal code. The issue being 2 fold:
1) When you put your garbage out at the curb, courts have determined that you no longer have an expectation of privacy and therefore, ownership of said garbage would be an issue.
2) I am not entirely sure you are the victim of anything. There was no theft of anything of value (in fact, it is garbage) and I wouldn't think that the neighbor is converting it for his/her value.
Now this COULD change if somehow you could prove he was stealing your identity. In that case, a fraud charge using the 'theft' of the garbage as some objective grounds would be more prudent.
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