In Fraser v. 3102602 Nova Scotia Ltd. 2015 NSSC 207 the court sets out the requirements for conversion: 27…..Fridman, in The Law of Torts in Canada, 2nded. (Toronto: Carswell, 2002) at pp.135-136 sets out the basis for a claim of conversion: Conversion consists in a wrongful taking, using or destroying of goods or the exercise of dominion over them that is inconsistent with the title of the owner. It is an intentional exercise of control over a chattel which seriously interferes with the right of another to control it. There must be a voluntary act in relation to another's goods amounting to a usurpation of the owner's proprietary or possessory rights in them. Before a person can be found responsible for conversion, the court must be satisfied that he either knowingly or carelessly, without ascertaining or attempting to ascertain who the true owner of the property was, took possession of goods and exercised some dominion over them.... Succinctly put, conversion is "a positive wrongful act or dealing with the goods in a manner, and with an intention inconsistent with the owner's rights." Such statements indicate the essential features of the tort of conversion to be: (i) a wrongful act; (ii) involving a chattel; (iii) consisting of handling, disposing or destruction of the chattel; (iv) with the intention or effect of denying or negating the title of another to such chattel...
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