What are the elements of conversion and what is the test for conversion?
British Columbia, Canada
The following excerpt is from Sledin Estate v. Rusin, 2011 BCSC 1207 (CanLII):
Mr. Justice Cullen neatly summarized the necessary elements of conversion in Ast v. Mikolas, 2010 BCSC 127 at para. 126: 1. a wrongful act by the defendant involving the goods or the plaintiff; 2. the act must consist of handling, disposing, or destroying the goods; and 3. the defendant’s actions must have either the effect or intention of interfering with (or denying) the plaintiff’s right or title to the goods. 7. Discussion
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