What is the test for a plaintiff in a conversion case?
Saskatchewan, Canada
The following excerpt is from Helland v. Caragata, 2009 SKQB 143 (CanLII):
As in all instances of tort or breach of contract, in situations involving conversion, the plaintiff is expected to mitigate his loss by acting reasonably. As discussed in Klewchuk v. Switzer 2001 ABQB 316 at para. 108, varied but not on this point, at Klewchuk v. Switzer 2003 ABCA 187: 108 Damages for conversion are of course subject to mitigation...the case law is clear that the onus is on the defendant to show that the plaintiff has failed to mitigate his or her losses. Simply put, damages in conversion equal the value of the chattels plus any special damages subject to mitigation.
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