What is the test for a wrongful possession claim?
British Columbia, Canada
The following excerpt is from Pinsonneault v Courtney, 2022 BCSC 120 (CanLII):
The requisite elements to be proven to establish such a claim are summarized in Ast v. Mikolas, 2010 BCSC 127 at para. 126: (a) a wrongful act by the defendant involving the goods of the plaintiff; (b) the act must consist of handling, disposing, or destroying the goods; and (c) 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.
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