What are the elements of the tort of conversion?

25. I turn then to the applicable law. The elements of the tort of conversion, which is essentially the wrongful interference with another person’s property, are set out at paragraphs 213 and 214 of Li v. Li, 2017 BCSC 1312. In order to be successful, the applicant must prove that: a. The respondent committed a wrongful act involving the furniture, inconsistent with the applicant’s rights to it, b. The act must involve handling, disposing of, or destroying the property, and c. The respondent’s actions must have the effect or intention of interfering with or denying the applicant’s right to the furniture.

26. In this case, I find that if the applicant effectively abandoned the furniture, the respondent is not liable for the tort of conversion (see Bangle v. Lafreniere, 2012 BCSC 256). As set out in Bangle, if the applicant abandoned the furniture, the respondent’s continued possession of it is not conversion because in so doing, the respondent was not interfering with the applicant’s right of possession. In other words, if the applicant abandoned the furniture, the respondent does not have to return it to the applicant.