What are the claims against Freshway for the unlawful conversion of a shipment of avocados?
British Columbia, Canada
The following excerpt is from Freshway Specialty Foods v. Map Produce LLC, et al, 2005 BCSC 1485 (CanLII):
The last claim to address is against Coosemans. Freshway claims for the unlawful conversion of a shipment of avocados. Coosemans contends that it is trite law that there cannot be a conversion unless Freshway retained ownership of the avocados. This is because the essence of a conversion is the wrongful interference with the owner’s right of possession. See Robertson v. Stang, [1997] B.C.J. No. 2022 (S.C.) at paras. 36‑39. Conversion is not ordinarily pleaded when a claim arises out of non-payment for goods delivered in a commercial setting.
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